Procedures for the formulation of regulations and normative documents of the National Tourism Administration

Chapter 1 General Provisions Article 1 In order to standardize the procedures for formulating regulations and normative documents of the National Tourism Administration and promote administration according to law, in accordance with the "Legal and Laws of the People's Republic of China" and the "Regulations on the Procedures for Formulating Rules" and other relevant laws and administrative regulations, and based on the actual work of the National Tourism Administration, these regulations are formulated. Article 2 The term "regulations" as mentioned in these regulations refers to the generally binding regulations, measures and implementation rules that are promulgated in the form of orders of the National Tourism Administration, involve the rights and obligations of administrative counterparts, and are generally binding.

The term "normative documents" as mentioned in these regulations refers to the decisions, regulations, announcements, etc. formulated by the National Tourism Administration to regulate administrative matters and involve the rights and obligations of administrative counterparts. They are generally binding and can be applied repeatedly. Announcements, notifications and measures, etc. Article 3 These regulations shall apply to the regulations and normative documents formulated by the National Tourism Administration or jointly with relevant departments of the State Council.

This provision does not apply to the formulation of the following documents:

(1) Work systems, work procedures, commendations and rewards, personnel appointments and removals, document forwarding and Standards for the internal affairs management of the tourism administrative department;

(2) Administrative decisions or replies that only involve the rights and obligations of specific administrative counterparts;

(3) Tourism standards and their implementation documents ;

(4) Other documents that do not involve the rights and obligations of the administrative counterparty, are not universally binding, or cannot be applied repeatedly. Chapter 2 Project Establishment Article 4 If the internal organs of the bureau believe that it is necessary to formulate or amend regulations, they shall have sufficient investigation and research basis to explain the necessity and feasibility of formulating or amending regulations, the main problems to be solved, and the main systems to be established. , as well as the drafting organization and drafting schedule, etc., the project shall be proposed before October 31 of each year. Article 5: The Policies and Regulations Department of the National Tourism Administration is the legal institution of the National Tourism Administration (hereinafter referred to as the "Legal Institution of the Bureau"). It is responsible for project review, formulating a draft annual work plan for rule formulation, and submitting it to the director's office meeting for review. Article 6: If the internal organs of the Bureau believe that it is necessary to formulate or revise normative documents, they shall report the contents of the normative documents to be formulated, as well as the drafting organization and drafting progress to the legal affairs department of the Bureau for record. Chapter 3 Drafting Article 7: The bureau’s legal affairs department is responsible for organizing the drafting of comprehensive regulations. The drafting of other regulations and normative documents is the responsibility of the bureau’s internal agencies according to their respective responsibilities. Article 8 If any of the following circumstances occurs, regulations shall be formulated:

(1) To implement matters such as administrative licensing, administrative penalties, administrative fees, and administrative compulsory measures set by higher-level laws;

(2) There are no laws or administrative regulations that require warnings or a certain amount of fines for violations of administrative order.

Regulations shall not add administrative licenses beyond the scope of administrative licensing items set by higher-level laws; if specific provisions are made on the administrative licensing conditions set by higher-level laws, other conditions that violate the higher-level laws shall not be added. Article 9 Under any of the following circumstances, normative documents may be formulated:

(1) Laws, administrative regulations, rules or superior normative documents have not clearly provided for a certain aspect of administrative work, or Although there are provisions, they are not specific and inconvenient to operate;

(2) Laws, administrative regulations, rules or superior normative documents authorize the formulation of normative documents.

Normative documents shall not set administrative licenses, administrative penalties, administrative charges, administrative compulsory measures and other matters that should be set by laws, administrative regulations or rules; without the provisions of laws, administrative regulations or rules, they shall not Make provisions that affect the legitimate rights and interests of citizens, legal persons and other organizations or increase the obligations of citizens, legal persons and other organizations. Article 10 When drafting regulations and normative documents, the opinions of relevant agencies, organizations and citizens shall be listened to in the form of written solicitation of opinions, symposiums, demonstration meetings or hearings. If a hearing is adopted, it shall comply with the procedures stipulated in the "Regulations on Rule-making Procedures".

If the contents of regulations and normative documents directly involve the vital interests of citizens, legal persons or other organizations and have a significant impact on society, they should be publicly solicited for opinions through the official website of the National Tourism Administration. Article 11 If the contents of rules and normative documents involve the scope of responsibilities of other internal agencies of the bureau, the drafting agency shall solicit opinions from relevant agencies.

Relevant agencies should actively cooperate with the drafting agency and provide opinions within the prescribed time limit. Failure to respond within the time limit will be deemed to have no disagreement. Article 12 If the contents of regulations or normative documents involve the scope of powers of other ministries and commissions, the opinions of the relevant ministries and commissions shall be solicited; if the opinions of the legal affairs agency of the State Council need to be solicited, the legal affairs agency of the bureau shall jointly handle the matter with the drafting agency. Article 13 When drafting regulations, a draft for review and its drafting instructions shall be formed.

The draft rules for review should generally include the purpose and basis for the formulation of the rules, scope of application, management measures, legal responsibilities and implementation date; if administrative licensing is involved, the implementation procedures for administrative licensing should also be included.

The drafting description should include the current status and main issues of the matters to be regulated, the main measures and their legal and administrative regulatory basis, the handling of the opinions solicited, and the names of the regulations or normative documents to be replaced or modified. , document number, terms and content and other issues that need to be explained.

Article 14 After the drafting of regulations is completed, the drafting agency shall submit the following documents and materials to the legal affairs department of the bureau for review:

(1) The text and electronic text of the draft for review and the drafting instructions;

< p>(2) Legislative basis such as relevant laws, administrative regulations and relevant decisions and orders of the State Council;

(3) Other relevant materials, including compilation of opinions from relevant parties, research reports, symposiums, demonstration meetings, and hearings Meeting records or reports, relevant domestic and foreign legislative materials, etc.