Measures of Nanning Municipality on the Administration of Administrative Normative Documents

Chapter I General Provisions Article 1 These Measures are formulated in accordance with relevant laws and regulations in order to strengthen the management of administrative normative documents, safeguard the unity of the legal system and build a government ruled by law. Article 2 These Measures shall apply to the formulation and supervision of administrative normative documents of this Municipality.

The term "administrative normative documents" as mentioned in these Measures refers to the documents formulated by administrative organs and organizations authorized by laws, regulations and rules with the function of managing public affairs (hereinafter referred to as the formulation organs), which involve the rights and obligations of citizens, legal persons and other organizations, have universal binding force and can be applied repeatedly.

The administrative normative documents formulated by the people's governments of cities, counties (districts) and townships (towns) are collectively referred to as government normative documents; The administrative normative documents formulated by the working departments of the people's governments of cities and counties (districts) and organizations authorized by laws, regulations and rules with the function of managing public affairs are collectively referred to as departmental normative documents. Article 3 These Measures shall not apply to the following documents that have no direct impact on the rights and obligations of citizens, legal persons and other organizations:

(a) work discipline, workflow and other work systems, personnel, finance, foreign affairs management and other internal management systems;

(two) internal supervision, evaluation and accountability system;

(3) Work plans and work plans with clear division of responsibilities, work steps and work requirements;

(four) announced the working time, place and other matters. Article 4 The management of administrative normative documents shall follow the principles of unity of legal system, consistency of powers and responsibilities, scientificity and democracy, simplicity and efficiency, and correction of mistakes. Article 5 Administrative normative documents may be formulated under any of the following circumstances:

(a) the laws, regulations, rules and administrative normative documents at a higher level have not made clear provisions on a certain aspect of administrative work;

(two) laws, regulations, rules and administrative normative documents at higher levels have provisions on a certain aspect of administrative work, but the provisions are not specific and inconvenient to operate;

(3) Laws, regulations, rules and superior administrative normative documents authorize the formulation of administrative normative documents. Article 6 The formulation of administrative normative documents shall not violate the provisions of laws, regulations and rules; Shall not violate the orders and decisions of higher administrative organs.

Administrative normative documents shall not create the following items:

(a) administrative licensing, administrative punishment, administrative coercion, administrative fees and other matters that should be set by laws, regulations and rules according to law;

(two) matters that damage the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations;

(three) matters beyond the statutory authority of the enacting body.

Laws, regulations, rules and administrative normative documents at higher levels have been clearly stipulated, and administrative normative documents shall not be repeated. Seventh administrative normative documents shall stipulate the validity period. The validity period of administrative normative documents is generally not more than 5 years, and the longest is not more than 8 years under special circumstances; The validity period of administrative normative documents marked "provisional" and "trial" shall not exceed 2 years at the longest. Upon expiration of the validity period, the validity of administrative normative documents will automatically terminate. Article 8 Administrative normative documents shall be uniformly registered, numbered and published by the enacting organ. The specific rules and procedures shall be formulated separately by the Municipal People's Government. Article 9 The following institutions shall not formulate administrative normative documents, except as otherwise provided by laws, regulations and rules:

(1) Temporary institutions;

(two) the deliberation and coordination institutions and their offices;

(three) the internal organs and agencies of the department.

Administrative normative documents that can be formulated and published by government departments shall not be formulated and published in the name of the people's government at the corresponding level in principle. Article 10 The names of administrative normative documents are generally called "measures", "regulations", "rules", "decisions", "opinions", "detailed rules for implementation", "announcement" and "notice", but they may not be called "regulations", "work plan" or "work plan".

In addition to the complex content, administrative normative documents are not divided into chapters. Chapter II Formulation Procedures Article 11 The formulation of administrative normative documents shall follow the following procedures:

(1) investigation and drafting;

(2) soliciting opinions;

(3) Organizing argumentation;

(4) legality review;

(five) collective discussion and decision;

(6) announcement.

Administrative normative documents shall not be promulgated and implemented without consultation, legality review and collective discussion; Unpublished administrative normative documents shall not be used as the basis for administrative management. Twelfth government regulatory documents drafted by the competent departments or relevant units, departmental regulatory documents drafted by the department organization.

The drafting of administrative normative documents may invite relevant experts and organizations to participate, or entrust relevant experts and organizations to draft. Thirteenth drafting units should study the necessity and feasibility of formulating administrative normative documents, investigate and demonstrate the problems to be solved, the main systems and measures to be established, the implementation effect, etc., and conduct cost-benefit analysis and risk assessment when necessary. Fourteenth the drafting of administrative normative documents shall fully solicit the opinions of the relevant units; Comments should be attached to the draft administrative normative documents and drafting instructions.

The relevant units have great differences of opinion on the contents of the draft administrative normative documents, and the drafting unit shall hold consultations; If it cannot be unified through consultation, it shall be submitted to the formulation organ for organization and coordination.