Provisions of Shanghai Municipality on Formulating and Filing Normative Documents

Provisions of Shanghai Municipality on Formulating and Filing Normative Documents

Decree No. 26 of Shanghai Municipal People's Government

January 19, 2010

The Provisions of Shanghai Municipality on Formulating and Filing Normative Documents, adopted at the 67th executive meeting of municipal government on January 11, 2010, are hereby issued, effective on May 1, 2010.

Provisions of Shanghai Municipality on Formulating and Filing Normative Documents(Promulgated by Decree No. 26 of Shanghai Municipal People's Government on January 19, 2010)

Chapter I General Provisions

Article 1 (Purposes and Basis)
With a view to regulating the formulating and filing of this Municipality's normative documents, strengthening the supervision over normative documents, and maintaining the consistency of the legal system and promoting law-based administration, these Provisions are formulated in accordance with the Law of the People's Republic of China on Organizing Local People's Congresses and Local People's Governments at Various Levels, the Regulations on the Procedures of Formulating Rules and Regulations, the Regulations on the Filing of Laws and Regulations, and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)
Normative documents in these Provisions (hereinafter referred to as normative documents) refers to documents (government regulations exclusive) which relate to rights and obligations of citizens, legal entities, or other organizations, and which are generally binding and applicable in a specified period of time and are formulated by administrative bodies on the strength of their statutory powers or powers authorized pursuant to relevant laws, rules or regulations.

Article 3 (Application Scope)
These Provisions apply to the formulation and filing of this Municipality's normative documents and the supervision thereof.
The filing of normative documents formulated by the Municipal People's Government shall be governed by relevant State provisions.

Article 4 (Principles)
The formulation of normative documents shall follow the following principles:
1. complying with rules of statutory powers and procedures ;
2. maintaining the legal system's consistency and the unimpeded implementation of government orders;
3. guaranteeing orderly public participation; and
4. ensuring that the contents of normative documents are lawful, rational, and practicable.
As to the examination before filing, it is required that all normative documents must be filed, and all normative documents must be examined before filing, and be corrected if there is any error.

Article 5 (Specific-Function Departments)
The general offices of the municipal and district /county people's governments shall direct the formulation and filing of normative documents for their respective jurisdictions in accordance with relevant provisions of the State and this Municipality on handling official documents. Offices of specific-function departments under the municipal and district/county people's governments shall coordinate the work of their respective departments relating to the drafting, formulation, and submission for filing of normative documents.
The legal affairs offices of the municipal and district/county people's governments shall be responsible for the legal examination and verification of normative documents of their respective governments and for the examination of normative documents that are filed with their respective governments. The legal affairs offices of the specific-function departments under the municipal and district/county people's governments shall undertake the legal examination and verification of normative documents drafted and formulated by their respective departments.
The town/township people's governments shall be responsible for the formulation and submission for filing of their own normative documents.

Article 6 (Formulating Body)
The following administrative bodies may formulate normative documents:
1. the municipal, district/county, and town/township people's governments;
2. the specific-function departments of the municipal and district/county people's governments; and
3. agencies of the Municipal People's Government that carry out administrative functions by authorization pursuant to relative laws, rules and regulations.

Article 7 (Titles and Styles)
Normative documents shall generally be referred to as provisions, procedures, detailed rules, decisions, or announcements. Those which are about the implementation of laws, rules, regulations, and superior administrative bodies' normative documents shall have the word implementing before the above mentioned words in their titles.
Normative documents are generally divided into articles instead of chapters or sections unless they have complicated contents.

Article 8 (Prohibited Contents)
In the absence of any enabling laws, rules, or regulations, normative documents shall not have provisions involving:
1. matters of administrative permits;
2. matters of administrative punishments;
3. measures of administrative coercion;
4. matters of administrative charges;
5. examination and approval of matters other than those for administrative permits;
6. other matters that may place additional burdens on the property of citizens, legal entities, or other organizations; or
7. other matters that shall be provided by laws, rules, regulations, or superior administrative bodies.
The normative documents of the Municipal People's Government shall not be subject to the prohibitions of Items 4, 5 and 6 in the preceding clause.
No specific provisions in a normative document for the implementation of a law, rule, or regulation shall place additional obligations on citizens, legal entities, or other organizations, nor shall they place additional restrictions on the rights of such citizens, legal entities, or other organizations.

Article 9 (Proposals and Starting up)
An administrative body with the power of formulating normative documents (hereinafter referred to as a formulating body) may decide to formulate a relevant normative document upon the proposal of any of the following:
1. a specific-function department of the relevant administrative body, or a subordinate-level people's government;
2. the legal affairs office of the relevant administrative body, or other specific-function bodies; or
3. agencies under the relevant administrative body that carry out administrative functions by authorization pursuant to relative laws, rules and regulations.
The formulating bodies may also start research projects on the formulation of normative documents upon the proposals of citizens, legal entities, or other organizations.
In cases where the formulation of a normative document is required under a law, rule, or regulation, the formulating body shall formulate such document within the prescribed time limit In the absence of such prescribed period, the formulating body shall generally come up with a normative document within six months after the passage of a relevant law, rule, or regulation, if the formulation of a normative document will have direct consequence to the implementation of such law, rule or regulation.

Article 10 (Drafting Arrangement)
As a general rule, the formulating body shall make arrangements for the drafting of normative documents.
The municipal and district/county people's governments, when making arrangements for drafting a normative document, may designate one or several specific-function departments or their respective legal affairs offices to undertake the drafting of a normative document.
Where the contents of a normative document involve the functions and powers of two or more departments, the relevant departments shall do the drafting jointly with one department assuming the chief responsibilities and the other(s) offering cooperation.
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