No. 290 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Measures of Wuhan Municipality for the Administration of Administrative Normative Documents have been adopted at the 72nd Executive Meeting of Wuhan Municipal People’s Government on November 19, 2018, and shall be implemented as of January 1, 2019. 

  

Mayor: Zhou Xianwang 

 December 1, 2018 

  

 

Measures of Wuhan Municipality for the Administration of Administrative Normative Documents 

  

Chapter One   General Provisions 

Article 1   With a view to strengthening the administration of administrative normative documents (hereinafter referred to as normative documents) and promoting the law-based administration, these Measures are formulated in accordance with the Notice of the General Office of the State Council on Strengthening the Administration over the Formulation and Supervision of Administrative Normative Documents (G.B.F.[2018] No. 37), the Measures of Hubei Province for the Administration of Administrative Normative Documents (Order No. 379 of the Provincial People's Government) and other relevant provisions , and in the light of the actual situation of this Municipality. . 

Article 2   The "normative documents" as used in these Measures refer to the universally-binding documents, other than government rules, concerning the rights and obligations of citizens, legal persons and other organizations, which are formulated and promulgated in accordance with statutory powers and procedures by the people's governments at all levels of this Municipality (incl. the administrative committees of the Development Zones and the Scenic Spot, as well as the sub-district offices, the same below), the departments of the Municipal People's Government and the people's governments at the district level, and the organizations authorized by laws and regulations with the function of administration of public affairs (hereinafter referred to as the departments), and which are applied repeatedly within a certain period.  

Article 3   These Measures are applicable to the formulation, promulgation, filing, evaluation, cleanup and supervision of normative documents of this Municipality. 

These Measures are not applicable to the internal documents of administrative organs, such as the working system, decisions on appointment and dismissal, requests and reports to higher administrative organs, and administrative decisions on specific matters. 

Article 4   The Municipal People's Government and the people's governments at the district level take a leadership in the administration of normative documents within their respective jurisdictions. Each department is responsible for the administration of its own normative documents. 

The general offices (or the offices) of the people's governments at all levels are responsible for organizing the drafting of normative documents of the people's governments at the same levels, and submit the normative documents formulated by the people's governments at the same levels for the acceptance, examination, modification and coordination. The department offices are responsible for organizing and coordinating the drafting of normative documents of their respective departments. 

The administrative departments of justice of the Municipal People's Government and the people's governments at the district level, as well as the legal institutions of the working departments of the Municipal People's Government and the people's governments at the district level, are respectively responsible for the legality review, cleanup, filing examination and submission for filing of the normative documents of the people's governments at the same levels and the corresponding departments. 

The sub-district offices and the people's governments at the township level shall designate or employ professional persons with legal professional qualifications to be specifically responsible for such work as the examination of normative documents, evaluation of system integrity, cleanup and submission for filing. 

Article 5   Normative documents shall conform with the orders and decisions of higher administrative organs; with no increase of administrative powers beyond the laws, regulations and rules and no decrease of statutory responsibilities. They shall neither cover the matters concerning administrative licensing, administrative charges, administrative penalties and administrative coercion, nor provide the extra conditions for administrative licensing or the issue of loop certificates, repetitive certificates or senseless certificates. They shall not illegally impair the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations. They shall not stipulate beyond their powers for the matters of market regulation, enterprise and social self-discipline, and citizens' self-management. They shall not contain illegal measures that exclude or restrict fair competition, or illegal provisions that interfere in or affect the normal production and operation of market participants, or illegal conditions for market access and exit. 

  

Chapter Two   Formulation and Promulgation 

Article 6   The people's governments at all levels and all departments may, in line with their statutory functions and powers, formulate normative documents for the administration of public affairs in their respective districts, systems and fields. 

Normative documents for the matters involving the functions and powers of two or more departments shall be formulated by the people's governments at the same level or with the consent of the people's governments at the same level, jointly by the relevant departments. 

Advisory and coordinating institutions, provisional institutions, department internal institutions and dispatched institutions shall not formulate normative documents. 

Article 7   Normative documents shall be formulated in the following procedures: 

(1) research and drafting; 

(2) soliciting opinions; 

(3) organizing argumentation; 

(4) risk and system integrity assessment; 

(5) legality review; 

(6) decision-making through group discussion; 

(7) promulgation; and 

(8) filing. 

Article 8   The drafting work of a normative government document shall be organized by the general office (or the office) of the people's government at the same level, or performed by a department or by several departments jointly as designated by the government. For joint drafting, one of the departments shall be designated the organizer and the other designated the co-organizers. 

A department normative document shall be drafted by the relevant internal institution or subordinate institution of the corresponding department. 

With regard to a professional normative document of great social concern, the drafting department may invite experts from relevant fields to participate in the drafting work, or entrust the drafting work to higher education institutions, scientific research institutes or other social organizations. 

Article 9   Normative documents shall comply with the following provisions in their drafting: 

(1) They shall conform to the Constitution, laws, regulations and rules, and be consistent with the existing effective normative documents; 

(2) They shall be practical, necessary, pertinent and feasible; and 

(3) They shall follow the work procedures of the Party and government organs for dealing with official documents, and be drafted in a concise, clear and standardized manner. 

Article 10   Except for the need of confidentiality as provided by law, the drafting department of a normative document shall solicit opinions from the public through network, press conferences, newspapers, radio and television. For matters involving the adjustment of the vital interests of citizens, legal persons or other organizations, opinions from all sides shall be consulted by holding seminars, demonstration meetings or hearings, or by field visits. The duration for soliciting network opinions shall be no less than 10 days. 

The drafting department of a normative document shall solicit the opinions of relevant departments. If the relevant departments express significant disagreements on the contents of normative documents, the drafting department shall make necessary coordination. A matter on which an agreement has not been reached after discussion shall, in principle, not be included in a normative document. If it is really necessary to stipulate for such matter, the drafting department shall state the opinions of all sides and their reasons, as well as the treatment of the differences. 

Article 11   The drafting department of a normative document shall establish a mechanism of communication, discussion and feedback through which decisions are timely made on whether or not to adopt the opinions and suggestions on the normative document proposed by citizens, legal persons or other organizations, reasonable opinions and suggestions are to be adopted, and replies stating the reasons of rejection are promptly given for those not accepted. 

Article 12   The drafting department of a normative document shall evaluate the integrity of the normative document and issue an evaluation report on system integrity. 

Article 13   The drafting department of a normative document shall, along with the normative document, compile the interpretative materials that comprehensively and accurately provide the background, key contents, main features, and implementation measures of the normative document as well as the operational guide. 

Article 14   A normative document shall undergo the legality review by the legal institution of the drafting department after completion of the opinion solicitation, integrity evaluation, and compilation of interpretative materials. The drafting department shall not substitute the opinion solicitation from its legal institution for the legality review of its legal institution. 

Article 15   The draft of a department normative document shall, only after the legality review of the legal institution of the corresponding department, be submitted to the relevant persons in charge of the department for their opinions, and then an application shall be filed for group discussion at the office meetings of the department. 

A department normative document drafted jointly by several departments shall be subject to the group discussions at the office meetings of all departments. 

Article 16   A normative government document drafted by a department shall, after passing the group discussion at the office meeting of the department, be submitted for deliberation to the people's government at the same level in the form of an official document signed by the persons chiefly in charge, along with the following materials: 

(1) the draft, drafting instructions and interpretative materials of the normative document; 

(2) the laws, regulations, rules and policies or other factual evidences on which the normative document is based; 

(3) a description of the opinion solicitation from the relevant departments and the public, with opinions on fair competition review enclosed where market competition is involved; 

(4) an evaluation report on system integrity; and 

(5) the review opinions of the legal institution of the drafting department and the opinions of group discussion at the office meeting of the department. 

If the materials submitted do not conform to the provisions of the preceding paragraph, the general office (or the office) of the Municipal People's Government or the people's government at the district level shall notify the submitting department for supplements and corrections. 

Article 17   The general office (or the office) of the Municipal People's Government or a people's government at the district level shall examine the draft of a normative government document that has been submitted for deliberation to the people's government at the same level, and if the draft conforms to the provisions of Article 16 of these Measures, it shall, after obtaining the approval of the relevant persons in charge of the people's government at the same level, transfer all the materials for legality review to the administrative department of justice of the people's government at the same level. A draft that has not undergone or fails to pass the legality review of the administrative department of justice of the people's government at the same level shall not be submitted for deliberation to the people's government at the same level. 

Article 18   The administrative department of justice of the Municipal People's Government or a people's government at the district level shall conduct a legality review over the subject, formulation procedures and contents of a normative document to see if they conform with the provisions of laws, regulations and rules. 

A legality review is one over the written documents. If necessary, the means of supplementary opinion solicitation, holding of symposiums, coordinated demonstration and field survey may be adopted. Where the administrative department of justice of the Municipal People's Government or a people's government at the district level requires a submitting department to supplement the drafting basis and give explanations, or requires the relevant entities to assist in the examination, the submitting department and the relevant entities shall cooperate. 

Article 19   The formulation procedures provided in Article 10, Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17 and Article 18 of these Measures may be simplified after being approved by the persons chiefly in charge of the formulating organ, if a normative document: 

(1) needs to be formulated and implemented immediately in order to prevent, respond to or deal with an emergency such as a natural disaster, an accident, a public health incident or a social security incident and to protect the public interests; 

(2) needs to be formulated and implemented immediately in order to execute an emergency order or decision of a higher administrative organ; 

(3) involves temporary measures that need to be implemented immediately; 

(4) involves routine adjustment and promulgation of standards as authorized according to law; or 

(5) is involved in other special circumstances requiring simplification of the formulation procedures. 

Article 20   A normative document shall, after being adopted by group discussion and signed by the persons chiefly in charge of the formulating organ, be promulgated to the public through government bulletins, government websites, department websites, new media for government affairs, newspapers, periodicals, radio, television and bulletin boards, along with its interpretative materials. 

Unified registration, numbering, printing and distribution shall be practiced on normative documents, and G shall be used to stand for normative in the reference number of promulgated normative documents. For promulgation, the formulating organ, name of document, reference number, date of promulgation, effective date and term of normative documents shall also be stated. 

Normative documents shall not be printed, distributed and implemented in the form of internal documents, and those that have not been promulgated shall not be used as an administrative basis. 

Article 21   If a normative document requires long-term implementation, the nature of long term shall be clearly indicated. Those beyond the scope of long-term implementation shall be generally provided with the effective term. Once the effective term expires, a normative document shall be invalidated automatically. 

The effective term of a normative document shall not exceed five years from the date of implementation.The effective term of a normative document which is temporary or trial or of which the effective term is not indicated shall not exceed two years from the date of implementation. 

Article 22   A normative document shall be implemented 30 days after the date of its promulgation. A normative document, of which the implementation after the aforesaid time frame may affect the implementation of laws, regulations, rules, or superior normative documents, or may be adverse to the protection of national security and public interests, may be implemented as of the date of promulgation, which shall be indicated at the end of a normative document. 

  

Chapter Three   Filing 

Article 23   A normative document shall, within 30 days from the date of promulgation, be submitted by the formulating organ for filing in accordance with the following provisions: 

(1) A normative document formulated by the Municipal People's Government shall be submitted for filing to the administrative department of justice of the provincial people's government; 

(2) A normative document formulated by a working department of the Municipal People's Government or by a people's government at the district level shall be submitted for filing to the administrative department of justice of the Municipal People's Government; 

(3) A normative document formulated by a working department of a people's government at the district level or by a people's government at the township level or a sub-district office shall be submitted for filing to the administrative department of justice of the corresponding people's government at the district level; 

(4) For departments where vertical administration is practiced, a normative document formulated by an inferior department shall be submitted for filing to the the superior competent department, together with a copy sent to the people's government at the same level in the area where the formulating organ is located; 

(5) A normative document formulated by a secondary department under a working department of the Municipal People's Government or of a people's government at the district level or by an organization authorized by laws and regulations with the function of administration of public affairs shall be submitted for filing to the competent department. For the specific provisions on filing, the administration system for normative documents formulated by the competent department shall be practiced. 

A normative document formulated by the Municipal People's Government or a people's government at the district level shall be submitted for filing both to the superior people's government and to the standing committee of the people's congress at the same level in accordance with the Regulations of Hubei Province on the Filing and Examination of Normative Documents by the Standing Committees of the People's Congresses at Various Levels. 

Article 24   The following materials shall be submitted in duplicate by a formulating organ along with a normative document: 

(1) a filing report for the normative document; 

(2) the official text of the normative document; 

(3) the drafting instructions for the normative document; 

(4) laws, regulations, rules and policies or other factual evidences on which the normative document is based; 

(5) materials on soliciting opinions and from relevant departments and the public; 

(6) an evaluation report on system integrity and interpretative materials; 

(7) the opinions of legality review; and 

(8) the decision after group discussion. 

An electronic text shall be submitted together with the materials specified in Items (2), (3) and (5) of the preceding paragraph. 

Article 25   A document submitted for filing shall, if it is not identified as a normative document after examination, be returned to the formulating organ. A document submitted for filing, which is identified as a normative document after examination, shall be filed if it meets the requirements of Article 24 of these Measures, or if it fails to meet the requirements of Article 24 of these Measures, be filed after the formulating organ supplements or re-submits the filing materials within seven days as of the date of notification by the filing organ. 

Article 26   A normative document found to be questionable after filing examination shall be dealt which in accordance with the following provisions: 

(1) If a normative document conflicts with laws, regulations, rules or superior normative documents or contains inappropriate provisions, the formulating organ shall revoke the document, make changes or corrections within 15 days with consideration of the suggestions proposed by the administrative department of justice that is responsible for the examination; if the formulating organ fails to revoke the document, make changes or corrections within the aforesaid time limit, the administrative department of justice may request the people's government at the same level to revoke the document, make changes or order corrections; 

(2) If the formulation procedures of a normative document does not conform to the provisions, the formulating organ shall, with consideration of the suggestions proposed by the administrative department of justice, suspend the implementation of such document, make up and correct the formulation procedures as provided before re-examination and re-promulgation; 

(3) If the normative documents of two or more departments have provided inconsistently on the same matter, the administrative department of justice of the government at the same level shall coordinate, and shall, if consensus cannot be reached through coordination, propose its handling suggestions for the decision of the people's government at the same level. 

An administrative department of justice shall issue a Letter of Opinions on the Filing Examination of Normative Document to a submitting entity, which states its handling suggestions proposed in accordance with Items (1) and (2) of the preceding paragraph, and stamp it with the special seal for filing examination. 

  

Chapter Four   Evaluation and Cleanup 

Article 27   Where a continuation of the implementation is needed after expiry of the effective term of a normative document, an evaluation shall be conducted six months before the expiry. 

The evaluation work after the implementation of a normative document shall be organized by the drafting department or the implementing department, or by an independent third-party organization as entrusted by the formulating organ. 

Article 28   Where a normative document has passed the evaluation and is to be implemented continuously after expiry of its effective term, the drafting department shall propose its request to the formulating organ within three months before expiry of the document, and the formulating organ shall re-promulgate the document for implementation within a new effective term calculated from the new date of promulgation. 

Article 29   The people's governments at all levels and all departments shall establish a system incorporating regular and special cleanup of normative documents, where normative documents that have been formulated are cleaned up in accordance with the changes of the actual situation as well as the adjustments of laws, regulations, rules and policies, and shall timely promulgate to the public the catalogue of remaining-in-effect, abolished and invalidated normative documents and well perform the work of compilation, collection and submission for filing. 

Normative documents not included in the catalogue of remaining-in-effect documents shall not be used as a basis for administration. 

  

Chapter Five   Supervision and Responsibilities 

Article 30   The administrative department of justice of the Municipal People's Government is responsible for supervising and examining the formulation and administration of normative documents of the working departments of the Municipal People's Government and the people's governments at the district level. The administrative departments of justice of the people's governments at the district level are responsible for supervising and examining the formulation and administration of normative documents of the working departments of the people's governments at the district level, the sub-district offices and the people's governments at the township level. 

Article 31   Whoever commits any of the following acts against the provisions of these Measures shall be criticized in a circulated notice by an administrative department of justice; if the circumstance is so serious that may cause adverse consequences, the relevant organ shall give sanctions to the responsible persons directly in charge and other persons in charge according to law: 

(1) in violation of the provisions of Article 5 of these Measures, formulating or distributing a normative document illegally ; 

(2) in violation of the provisions of Article 6 of these Measures, formulating or distributing a normative document in excess of authority; 

(3) in violation of the formulation procedures of a normative document, formulating or distributing a normative document without public opinion solicitation, legality review, or decision-making through group discussion; 

(4) refusing to implement the opinions on filing examination; 

(5) missing, delaying or evading the submission of a normative document that requires submission and filing, and still failing to submit it under supervision; or 

(6) other acts of formulating and issuing normative documents in excess of authority or against laws. 

If an administrative department of justice in charge of filing examination fails to perform the duty of filing examination of normative documents according to law, the relevant organ shall punish the responsible persons directly in charge and other persons directly in charge according to law. 

Article 32   A citizen, a legal person or an organization of other types who believes that a normative document is inconsistent with laws, regulations, rules or superior normative documents or with another normative document may raise a proposal of written examination to the administrative department of justice of the Municipal People's Government or the people's government at the district level or to the competent department superior to the formulating organ of the involved normative document that are responsible for the filing examination of the involved normative document. 

The administrative department of justice of the Municipal People's Government or a people's government at the district level or the competent department superior to the formulating organ of a normative document shall, within five working days, give a written decision on whether to accept a proposal of written examination raised by a citizen, a legal person or an organization of other types. If the aforesaid proposal is accepted, the relevant authority shall exercise examination timely according to law, and reply to the applicant within 30 working days as of the date of acceptance. If the aforesaid proposal is not accepted, reasons shall be given to the applicant. 

  

Chapter Six   Supplementary Provisions 

Article 33   These Measures shall come into force as of January 1, 2019. The Provisions of Wuhan Municipality for the Administration of Administrative Normative Documents (Order No. 175 of the Municipal Peoples Government) promulgated on March 8, 2007 by the Municipal Peoples Government shall be abolished therefrom. 

  

  

 

  

To: 

People’s governments at the district level, departments of the Municipal Peoples Government. 

Office of Legislative Affairs of the Provincial Peoples Government. 

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties. 

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate. 

News agencies, enterprises and institutions affiliated to ministries. 

General Office of Wuhan Municipal People’s Government 

Printed and Distributed on December 4, 2018