Chapter 1 General Provisions Article 1 In order to make the procedures for formulating normative documents scientific and standardized, improve work efficiency and ensure the quality of normative documents, in accordance with the "People's Congress of the People's Republic of China and the Local People's Representatives at All Levels of the People's Republic of China" The General Assembly and the Organic Law of Local People's Governments at All Levels and relevant regulations are formulated in light of the actual situation of this city. Article 2 The term "normative documents" as mentioned in these regulations refers to documents issued or approved by the Municipal People's Government that are universally binding rules of conduct. Article 3 The following principles should be followed in formulating normative documents:
(1) They shall not conflict with the constitution, laws, regulations and the party and state’s lines, principles and policies;
( 2) Adhere to the four basic principles and serve the reform, opening up and economic development of the special zone;
(3) Proceed from reality and seek truth from facts;
(4) Extensively solicit opinions and implement democratic centralism
(5) Properly coordinate the relationship with relevant normative documents. Article 4: The Xiamen Municipal Legal Affairs Bureau shall conduct overall planning, organization, guidance and coordination of the formulation of normative documents, and shall be responsible for reviewing draft normative documents. Chapter 2 Plan Article 5: Based on the actual needs of the city's economic and social development, all functional departments of the Municipal People's Government shall submit their department's "Project Proposal for the Development of Normative Documents" for the next year to the Municipal Legal Affairs Bureau before the end of November each year. Article 6 The Municipal Legal Affairs Bureau shall, in accordance with the needs of our city's development of the special economic zone, carry out institutional reforms, carry out foreign economic and technological cooperation and exchanges, manage urban construction undertakings and scientific, cultural, health and education undertakings and other administrative work needs, and prepare the city's annual normative documents and formulation plans (referred to as the formulation plan), which shall be implemented after review and approval by the Municipal People's Government. Article 7: All functional departments should strictly implement the plans. The Municipal Legal Affairs Bureau is responsible for supervising implementation.
During the implementation process, if the relevant functional departments believe that the plan needs to be changed, they must report it to the Municipal Legal Affairs Bureau for approval; the Municipal Legal Affairs Bureau can also make necessary adjustments to the plan according to the needs of the development of the situation.
If the plan cannot be completed, the relevant functional departments should explain the reasons to the Municipal Legal Affairs Bureau. Article 8: Projects not included in the formulation plan will not be reviewed in principle. If the situation is special, the reasons should be explained, and after approval by the Legislative Affairs Bureau, a "Proposal for Developing Normative Documents Project" should be submitted. Chapter 3 Drafting Article 9 The drafting of normative documents included in the formulation plan shall be drafted by the competent department in accordance with the principle of matching the content of the business and normative documents; if it is directly related to several departments, it shall be designated by the Legal Affairs Bureau. The competent authority of the Lord is responsible for drafting. Article 10: Normative documents shall be named "provisions", "measures", "implementation rules" or "implementation measures" according to their specific contents and applicable objects. Article 11 The drafting of normative documents must clearly stipulate the purpose of formulation, legal basis, scope of application, rights and obligations of the competent authority, managers and managed persons, management measures, penalties, interpretation rights, implementation date, etc. Article 12 The content of normative documents is expressed in articles. Articles can be divided into sections, items, and items, and different items and items should be preceded by numbers. Normative documents with many articles can be divided into chapters and sections. Be concise, accurate in wording, clear in structure, and rigorous in structure. Article 13: Drafting instructions should be written when drafting normative documents. It focuses on elaborating the guiding ideology, purpose, basis, necessity, feasibility, drafting process, necessary arguments for the main content and relevant disagreements on formulating normative documents. Article 14: When drafting normative documents, it is necessary to conduct in-depth investigation and research, widely solicit opinions, and actively negotiate with relevant departments that hold different opinions. If consensus cannot be reached after full consultation, the drafting department shall elaborate on the opinions of all parties in the drafting instructions of the normative document and propose solutions. Article 15 After the drafting work is completed, the drafting department shall submit fifteen copies of the draft normative document to the Municipal Legal Affairs Bureau for review.
At the same time, the following documents and materials are attached:
(1) Report of the drafting unit on the submission of draft normative documents;
(2) Instructions for drafting normative documents;
(3) Laws, regulations, policy texts and relevant reference materials on which the normative documents are drafted;
(4) Written opinions and coordination meeting minutes from relevant departments or experts on the draft normative documents ;
(5) The original text of the normative document to be abolished or modified.
If the application does not meet the requirements of the previous paragraph, it shall be returned to the drafting department or required to provide missing documents and information. Chapter 4 Review and Approval Article 16 The Municipal Legal Affairs Bureau shall conduct a comprehensive review of the submitted draft normative documents, and may make appropriate adjustments, supplements, modifications, or deletions to the contents of the draft. Article 17 When the Municipal Legal Affairs Bureau deems it necessary, it may convene relevant departments and personnel to demonstrate and coordinate the draft normative documents; if it is necessary to solicit opinions from relevant departments, the department shall submit written opinions. Failure to submit written opinions shall be deemed to be agreement. . Article 18: If a draft normative document does not meet the regulations upon review and requires major revisions, the Municipal Legal Affairs Bureau may return it to the drafting unit for re-drafting or revision. Article 19: After the Municipal Legal Affairs Bureau completes its review of the draft normative documents, it shall submit the review draft and review report to the Municipal People's Government. Article 20 The drafts of normative documents issued by the Municipal People's Government shall be reviewed and approved by the Standing Meeting of the Municipal People's Government. The person in charge of the drafting unit should attend the meeting to give drafting instructions, and the person in charge of the Municipal Legal Affairs Bureau should attend the meeting to give review instructions.
Normative documents approved and issued by the Municipal People's Government shall be reviewed and approved by the deputy mayor in charge.