Provisions of Shanghai Municipality on the Formulation and Reporting for the Record of Administrative Normative Documents

Provisions of Shanghai Municipality on the Formulation and Reporting for the Record of Administrative Normative Documents

Order the Shanghai Municipal People' s Government [2003] No. 18

December 28, 2003

The Provisions of Shanghai Municipality on the Formulation and Reporting for the Record of Administrative Normative Documents have been adopted at the 26 executive meeting of municipal government on December 22, 2003, are hereby promulgated and come into force on May 1, 2004.

Mayor Han Zheng

Appendix: Provisions of Shanghai Municipality on the Formulation and Reporting for the Record of Administrative Normative Documents

Chapter I General Provisions
　
Article 1 (Purpose and Basis)
For the purposes of normalizing the formulation and reporting for the record of this Municipality' s administrative normative documents, strengthening the supervision over administrative normative documents, upholding the unity of the socialist legal system and promoting the administration according to law, these Provisions are formulated in accordance with the "Organic Law of the People' s Republic of China on Local People' s Congresses and Local People' s Governments at Various Levels" , "Regulations on the Formulation Procedures of Rules and Regulations" , "Regulations on the Reporting for the Record of Rules and Regulations" and other laws and regulations.
　
Article 2 (Definition)
The administrative normative documents mentioned in these Provisions (hereinafter referred to as normative documents) refer to documents, other than government rules and regulations, formulated by this Municipality' s administrative organs at all levels in accordance with their official functions and powers, and such documents are generally binding on and repeatedly applicable to citizens, legal entities or other organizations.
　
Article 3 (Scope of Application)
These Provisions apply to the formulation and reporting for the record, and the supervisory administration of this Municipality's normative documents.
　
Article 4 (Preclusion of Application)
These Provisions are not applicable to the administrative organs' internal working systems, decisions on appointment and removal of personnel, and decisions on administrative handling of specific matters.
The reporting for the record of normative documents formulated by the Municipal People' s Government shall follow the relevant provisions of the State.
　
Article 5 (Principles)
The formulation and reporting for the record of the normative documents shall follow the principles listed below:
(1) To uphold the unity of the socialist legal system;
(2) To proceed in accordance with official functions and powers, and procedures;
(3) To safeguard the legitimate rights and interests of citizens, legal entities and other organizations;
(4) To reflect the consistency of function and power, and of duty and responsibility; and
(5) To adhere to the practice that documents must be reported for the record once formulated, the documents must be examined once being reported for the record, and mistakes must be corrected once discovered.

Chapter II Formulation of Normative documents
　
Article 6 (Subject of Formulation)
The following administrative organs may formulate normative documents:
(1) The municipal and district (county) people' s governments;
(2) The work departments of the municipal and district (county) people' s governments;
(3) Agencies of the Municipal People' s Government undertaking administrative management by virtue of authorization of laws, rules and regulations; and
(4) Town and township people' s governments.
　
Article 7 (Restriction on Subject of Formulation)
The following organs shall not formulate normative documents:
(1) Provisional administrative organizations;
(2) Internal organizations of administrative organs;
(3) Subordinate organizations under vertical leadership of working departments of the Municipal People' s Government;
(4) Agencies of the district (county) people' s governments; and
(5)Organizations undertaking administrative management by virtue of authorization of laws, rules and regulations, except those otherwise provided by laws, rules or regulations.
　
Article 8 (Titles and Styles)
Normative documents are generally entitled "provisions" , "procedures" , "detailed rules" , "decision" and "announcement" . Where their contents are the implementation of laws, rules, regulations and normative documents of superior administrative organs, the title is generally preceded with the word of "implementation" .
Normative documents are generally stated in the form of Articles. They are generally not divided into chapters or sections, except those with complex contents.
　
Article 9 (Contents Not to be Stated)
Normative documents shall not state the following contents:
(1) Matters of administrative permit;
(2) Matters of administrative punishment;
(3) Measures of administrative coercion;
(4) Matters of administrative charges; and
(5) Other matters provided by laws, rules, regulations or superior administrative bodies.
No additional obligations of, or restrictions on the rights of, citizens, legal entities or other organizations shall be stated in specific provisions of normative documents for implementation of laws, rules and regulations.
　
Article 10 (Organization of Drafting)
The administrative organ shall organize the drafting of a normative document.
The municipal and district (county) people' s governments, when organizing the a drafting of a normative document, may designate one or several departments to take specific charge of the drafting and may also designate their legal affairs body to draft or organize the drafting.
Where the contents of a normative document involve the functions and powers of two or more departments, the two or more departments shall do the drafting jointly.
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