(Adopted at the 13th Executive Meeting of the Third Shenzhen Municipal People’s Government, promulgated by Decree No.25 of Shenzhen Municipal People’s Government on October 20, 2000)
Article 1 These Rules are formulated for the purpose of standardizing the proclamation of the people’s government of Shenzhen Municipality (hereinafter referred to as the municipal government) and its working departments, enhancing the transparency of governmental work, and promoting administration by law.
Article 2 These Rules shall apply to the municipal government and its working departments when they promulgate rules, normative documents, administrative measures and government information for exercising their administrative functions.
These Rules shall not apply to specific administrative activities and interior administrative activities of the municipal government and its working departments.
The provisions of law and regulations shall prevail if they provide otherwise on governmental proclamation.
Article 3 The terms used in Article 2 of these Rules refer to:
(1) working departments of the municipal government refer to the organizational departments, direct affiliated organs and working organs of the municipal government, and other organizations exercising administrative functions and powers of the municipal government according to law.
(2) normative documents refer to the documents which are made to regulate administrative affairs by the municipal government and its working departments within their legal authorities according to the provisions of law, regulations, rules, and the orders and decisions made by their superior administrative departments, have universal binding force and shall be effective for more than six months.
(3) administrative measures refer to the documents which are issued by the municipal government and its working departments on specific administrative affairs to perform their administrative functions and duties, have universal binding force and shall be effective for less than six months.
(4) government information refers to the information about governmental administrative activities issued before public by the municipal government and its working department according to law, regulations and rules.
Article 4 The municipal government and its working departments shall promulgate rules, normative documents, administrative measures and government information by regulated way, and make interested nature persons, legal persons and other organizations aware of the documents, measures and information.
If administrative measures are promulgated to certain interested parties, the promulgating organ shall make every interested party aware of the measures by appropriate ways when necessary.
Article 5 The governmental proclamation shall be promulgated on the following medias:
(1) the Gazette of the People’s Government of Shenzhen Municipality (hereinafter referred to as the municipal government gazette)
(2) the Shenzhen Special Zone Daily, Shenzhen Economic Daily and Shenzhen Information Website (whose domain name is www.sz.gov.cn, the same below)
(3) the Shenzhen TV Station, Shenzhen Cable TV Station, Shenzhen Broadcasting Station and the websites of the working departments of municipal government;
(4) the press conferences held by the municipal government and its working departments.
(5) other medias that can make interested parties aware of the governmental proclamations in time.
Article 6 The following documents shall be published in full texts in the municipal government gazette which shall be the legal media for promulgating the documents:
(1) the rules of the municipal government;
(2) the normative documents made in name of the municipal government or its general office;
(3) the administrative measures made by the municipal government;
(4) the normative documents made by the working departments of municipal government.
No one of the documents mentioned above shall have legal binding force if it is not published in the municipal government gazette, except under the circumstances stipulated in the provisions of Article 7 of these Rules.
Article 7 Under special circumstances, normative documents and administrative measures which must take effect immediately may be first published in Shenzhen Special Zone Daily, or Shenzhen Economic Daily and on Shenzhen Information Website, and shall be published in full texts in the current issue of municipal government gazette.
Article 8 All the rules and important normative documents of the municipal government shall be published in full texts in Shenzhen Special Zone Daily or Shenzhen Economic Daily, and on Shenzhen Information Website after they are published in the municipal government gazette.
Article 9 The summaries or full texts of normative documents or important administrative measures made by the working departments of municipal government shall be published in Shenzhen Special Zone Daily or Shenzhen Economic Daily, and on Shenzhen Information Website if they are closely related with the interests of numerous enterprises and citizens. The full texts of the documents and measures shall be published in municipal government gazette if they are not published in Shenzhen Special Zone Daily, Shenzhen Economic Daily, or on Shenzhen Information Website.
Article 10 When an administrative organ promulgates rules, normative documents or administrative measures according to these Rules, it shall prescribe the effective dates in the documents. The effective date shall be 5 working days later than the promulgating date.
The actual promulgating dates of rules, normative documents and administrative measures shall be their effective dates if no effective dates are given in the documents.
Article 11 The texts of rules, normative documents and administrative measures published in the municipal government gazette shall be the standard texts.
When an administrative organ cites the content of any one of the documents mentioned above in promulgating official documents, administrative reviewing or administrative litigation, it shall cite its standard texts published in the municipal government gazette and indicate the chapter and verse of the standard texts.
Article 12 The full texts of administrative measures published in Shenzhen Special Zone Daily or Shenzhen Economic Daily shall be the standard texts if they are not published in the municipal government gazette.
If an administrative organ promulgates administrative measures by the method regulated in Item 3, 4 or 5 of Article 5 of these Rules, it shall make appropriate normative document for putting on records and archives. The normative document shall be the standard texts of the administrative measures.
Article 13 Shenzhen Special Zone Daily, Shenzhen Economic Daily and Shenzhen Information Website shall publish the documents prescribed in Article 8 and 9 of these Rules in time according to the requirements of the promulgating organs.
The secretary-general of municipal government or the person authorized by him shall sign a publishing notice for the documents and information which need to be published in Shenzhen Special Zone Daily, Shenzhen Economic Daily or Shenzhen Information Website uniformly.
Article 14 The municipal government and its working departments may make and print some normative documents for putting on records and archives when promulgating documents or decisions according to the provisions of Article 6, 7, 8 or 9 of these Rules.
Article 15 The following documents and materials shall be published in the municipal government gazette besides the documents prescribed in Article 6 of these Rules:
1. the regulations, working reports of municipal government, national economic and social development planning of Shenzhen Municipality, reports and decisions of the budgets and final accounts which are discussed and adopted by the Shenzhen Municipal People’s Congress and its Standing Committee.
2. the summaries of the annual working plans and reports of the municipal government’s working departments;
3. the specific administrative actions made by the municipal government;
4. other documents and information which shall be published according to the consideration of the secretary-general of the municipal government;
5. other documents and information which shall be published according to the provisions of laws or regulations.
Article 16 The following materials shall be provided by the promulgating organ when it applies to the general office of the municipal government for promulgating or publishing normative documents or administrative measures of the municipal government’s working departments in the municipal government gazette:
1. the official letter of applying for promulgation or publication;
2. the formatted texts of the normative document or administrative measures;
3. the examination opinions made by the municipal legal affairs office on the normative documents.
Article 17 When the document provided in Article 6, 7, 8 or 9 of these Rules is published on Shenzhen Information Website or other government websites, the promulgating organ shall provide the standard texts of the document for publication.
Article 18 The editorial committee of municipal government gazette shall be established to take charge of the edition and distribution of the municipal government gazette.
The editorial room shall be established to act as the working institution of the editorial committee of municipal government gazette, and shall be administered by the general office of the municipal government.
Article 19 The municipal government gazette shall be distributed once a week and may be distributed casually if necessary.
Special Editions of municipal government gazette may be published by the category of specialty, year or other types.
Article 20 The municipal, district and township people’s governments, the sub-district offices, the working departments of municipal government and the units whose funds are appropriated by the municipal or district public finance shall supply the municipal government gazette for their leaders, business departments and their leading officials, and the working persons of working windows.
Article 21 The municipal government gazette shall be distributed without any charge or be sold at the cost price.
The municipal government gazette shall be sent to the following units and persons without any charge:
1. the working departments of the municipal government, the district and township people’s governments, and the sub-district offices;
2. the Standing Committee, special committees and their working institutions of Shenzhen Municipal People’s Congress, and the Shenzhen Committee of the Chinese People’s Political Consultative Conference and its working institutions;
3. the deputies of Shenzhen Municipal People’s Congress, and the members of Shenzhen Committee of the Chinese People’s Political Consultative Conference;
4. the public libraries;
5. other units or individuals that shall be sent the municipal government gazette without any charge according to the decision of the general office of municipal government.
The other units or individuals may buy the municipal government gazette at the cost price from its editorial room or appointed distribution spots.
Article 22 When a unit or person needs to copy the document published in the municipal government gazette, the following organizations shall provide copying services and may charge it or him for the cost of copying:
1. the editorial room of the municipal government gazette;
2. the institutions in the working departments of municipal government, which are responsible for examination and approval, verification or registration;
3. the public libraries.
Article 23 The document which is promulgated in violation of these Rules shall have no execution force. No unit or person may exercise its or his rights or requires other unit or person to fulfill obligations according to the document promulgated illegally.
If the document promulgated in violation of these Rules is executed, the person in charge of the executing organ and the person directly liable shall be investigated for legal responsibilities.
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