Measures of Dalian Municipality on the Administration of Administrative Normative Documents (revised in 2022)

Chapter I General Provisions Article 1 In order to strengthen the management of administrative normative documents, ensure the legality and validity of administrative normative documents, safeguard the unity of the legal system and promote administration according to law, these Measures are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality. Article 2 The administrative normative documents referred to in these Measures (hereinafter referred to as normative documents) refer to official documents that are formulated and issued by administrative organs or organizations authorized by laws and regulations to manage public affairs (hereinafter referred to as administrative organs) in accordance with legal authority and procedures, involve the rights and obligations of citizens, legal persons and other organizations, have universal binding force and are repeatedly applied within a certain period of time. Article 3 These Measures shall apply to the formulation, filing, evaluation, cleaning, supervision and management of normative documents in this Municipality.

These measures are not applicable to the management norms, work systems, institutional settings, meeting minutes, work plans, instructions, commendation, rewards and punishments, personnel appointment and removal and other documents implemented internally by administrative organs. Article 4 Normative documents shall implement the Party's line, principles, policies and decision-making arrangements, embody socialist core values, and meet the needs of economic and social development and the actual situation of this Municipality. Fifth normative document management into the city's electronic document management, the implementation of inter-departmental level interconnection, information sharing and business collaboration. Improve the application of electronic signature approval, electronic seal, electronic filing and other technologies, and realize the network and electronic management of normative documents through information means. Article 6 Normative documents shall be subject to dynamic management. The enacting organ shall timely adjust the current effective catalogue of normative documents according to the formulation, revision and abolition, and provide online consulting, retrieval, downloading and other services according to the requirements of government information disclosure. Article 7 The formulation, supervision and management of normative documents shall be included in the supervision of the construction of a government under the rule of law and the implementation of responsibilities, and shall be included in the evaluation index system of the construction of a government under the rule of law as the content of administrative examination according to law. Chapter II Formulation Article 8 The following administrative organs may formulate normative documents:

(1) People's governments of cities, districts (cities), counties and townships (towns);

(two) the municipal and district (city) county people's government departments;

(3) An agency established by the Municipal People's Government according to law;

(4) Organizations authorized by laws and regulations to manage public affairs.

The internal organs, temporary institutions and deliberation and coordination institutions of administrative organs shall not formulate and publish normative documents. Ninth administrative organs should make overall arrangements and strictly control the number of normative documents, and normative documents with similar contents should be merged. Article 10 The names of normative documents may be determined by provisions, measures, decisions, detailed rules, notices, opinions and notices, but not by laws and regulations. Eleventh normative documents are generally expressed in the form of provisions, except for complex content, without chapters or sections.

Normative documents should have strict logical structure, concise and accurate expression, standardized language, clear and specific content and operability. Twelfth normative documents shall have the following contents:

(a) the establishment of administrative licensing, administrative punishment, administrative compulsion, administrative expropriation and administrative fees, as well as increasing the conditions for handling administrative licensing matters;

(2) illegally harming the lawful rights and interests of citizens, legal persons and other organizations or increasing their obligations, and infringing upon citizens' basic rights such as personal rights, property rights, personality rights, labor rights and rest rights;

(3) increasing administrative power or reducing statutory duties beyond the provisions of laws and regulations;

(four) beyond the scope of their functions and powers should be regulated by the market, self-discipline of enterprises and society, and self-management of citizens;

(5) Illegally formulating measures to eliminate or restrict fair competition, illegally interfering with or affecting the normal production and business activities of market participants, and illegally setting market access and exit conditions;

(six) there is no legal basis to set the certification items and the bottom clause;

(seven) inconsistent with the relevant normative documents. Thirteenth normative documents shall be drafted by the enacting body. The formulation organ may determine the specific department or institution (hereinafter referred to as the drafting department) to be responsible for the drafting work. Among them, experts in related fields can be invited to participate in the drafting, and relevant experts, teaching and scientific research units and social organizations can also be entrusted to draft.

Two or more formulation organs may jointly draft normative documents according to the needs of performing their duties; When jointly drafting, it shall be sponsored by one formulation organ and coordinated by other formulation organs. Article 14 When drafting normative documents, the necessity, feasibility and rationality of formulation, the present situation of management fields involved, the problems to be solved, the main policies and measures to be set, the expected effects and possible impacts shall be investigated and demonstrated.

The drafting department shall draft professional and technical normative documents by itself, and shall organize experts in related fields to demonstrate. Fifteenth the drafting of normative documents should listen to the opinions of citizens, legal persons, other organizations and relevant units. If the content is closely related to the production and business activities of market entities, the opinions of market entities, industry associations and chambers of commerce should be fully listened to.

The drafting department may solicit opinions in writing, hold symposiums, argumentation meetings, hearings and other forms. Involving the vital interests of the masses, high social concern or having a significant impact on the rights and obligations of citizens, legal persons and other organizations, the drafting department shall also solicit opinions from the public. Where there are provisions in laws, regulations and rules on the specific form of listening to opinions, the provisions of laws, regulations and rules shall prevail.

The drafting department shall solicit opinions from the public through the website of the government or department and other ways conducive to public awareness, publish the draft normative documents and drafting instructions, and clearly define the way and time limit for putting forward opinions. If it is closely related to the production and business activities of market participants, the time limit shall generally not be less than 30 days.