73 Administrative Rules of Shenzhen Municipality on the Making of Normative Documents of Administrative Organization[深圳市行政机关规范性文件管理规定（2000）]

Archived（May 28, 2018）

(Discussed and adopted at the 11th Permanent Committee of the Third Municipal Government, promulgated by Decree No.94 of the Shenzhen Municipal People’s Government on October 20, 2000)

Chapter Ⅰ General Provisions

Article 1 In order to strengthen the administration on making normative documents of the People’s Government of Shenzhen Municipality (hereinafter referred to as the municipal government) and its working departments as well as the district people’s government (hereinafter referred to as the district government), to normalize the draft, examination and promulgation of the normative documents of administrative organ and promote the administration by law, these rules are formulated according to the provisions of relevant national laws, combing with the actual circumstances of Shenzhen Municipality.

Article 2 Normative document in these rules refers to the document:

(1) being enacted to normalize affair administration by the municipal government, its working departments, or district governments within their legal competency according to laws, regulations, rules, or commands and decisions of superior administrative organs;

(2) having universal binding force; and

(3) having an effective period of more than 6 months.

These rules shall not be applicable to

(1) administrative system of internal affairs laid down by the working department of the municipal government or the district government;

(2) referendum or report to the superior administrative organ;

(3) administrative decision on concrete matters;

(4) document without universal binding force; and

(5) document, which has universal binding force but whose effective period is less than 6 months.

Article 3 The working departments of the municipal government referred to in these rules include the followings:

(1) integrant departments of the municipal government;

(2) working bodies and affiliated departments of the municipal government;

(3) other working departments of the municipal government empowered by laws, regulations or rules to enact normative documents .

Interim organ set up by the municipal government for a special task, working body under the jurisdiction of the functional department of the municipal government, and internal organization of the department mentioned in the preceding paragraph shall not issue normative documents to public in their names.

Article 4 Rule, Decision, Measure, Notice, Proclamation and Announcement may be used as the title of a normative document.

Article 5 Working department of the municipal government shall submit the normative document drafted, revised or to be abolished to the municipal government for examination before promulgation.

District government shall submit the normative document drafted, revised or to be abolished to the municipal government for record after promulgation.

The department of legal affairs of the municipal government (hereinafter referred to as the municipal department of legal affairs) is in charge of technical examination to the legality and draft of normative documents.

Article 6 Normative document of a working department of the municipal government or a district government shall meet the following requirements:

(1) being necessary for enforcing laws, regulations, rules or national policies as well as performing legal functions and duties;

(2) being empowered definitely by laws, regulations, rules or superior administrative organization;

(3) its contents accord with laws, regulations, rules or national policies;

(4) not simply repeating the provisions of laws, regulations, rules, national policies, or the commands or decisions of superior administrative organization;

(5) not conflicting with the administrative functions and duties of other administrative competent department;

(6) its expression is accurate, concise and popular; according with the drafting format of official document of the state administrative organization.

Normative document containing reformative measures shall be approved by the municipal government.

Article 7 Working department of the municipal government or district government shall not:

(1) create, change or cancel matters for examination and approval;

(2) create, change or cancel administrative or service charges (except that the competent department of prices performs price administration functions and duties according to law);

(3) create, change or cancel administrative penalty or administrative compulsory measures;

(4) restrict or dispose of legal rights and interests of citizens, legal persons or other organizations;

(5) create a system of compulsory measurement and declaration beyond the provisions of law, prescribe the purchase of designated commodity, or restrict, restrict in a disguised form, the commodity and enterprise from other places to enter local market;

(6) regulate other matters that shall be stipulated by laws, regulations, rules or superior administrative organization.

Article 8 Normative document drafted, revised or abolished by the working department of the municipal government shall be uniformly published in the Bulletin of the People’s Government of Shenzhen Municipality.

The normative document drafted, revised or abolished by the district government shall be published in the bulletin of district government.

Article 9 Enactment, revision or abolishment of a normative document because of emergency may follow relevant special procedures stipulated in these rules. The effective period of the normative document shall not exceed 6 months. In case the normative document needs to be enforced after expiration, normal procedures of soliciting opinions, submitting for examination, putting on for record shall be followed according to these rules before the termination of its effect.

The emergency in these rules refers to:

(1) occurrence of natural disaster, epidemic disease, or other unexpected accident endangering the public security in a relatively big range;

(2) enforcement of emergent command or decision of superior administrative organization.

Chapter Ⅱ Enactment of Documents

Article 10 If the normative document drafted, revised or abolished by the working department of the municipal government or district government has close relation with the citizen’s immediate interests, or causes important influence on the construction and development of relevant region or trade, the working department or district government shall solicit opinions and suggestions publicly from relevant units and individuals in proper ways, before delivering the document to the municipal department of legal affairs for examination.

For solicitation of opinions, the working department or district government shall issue the draft or the main content of the normative document to be drafted, revised or abolished, and the means and the closing date of solicitation.

If laws, regulations or rules require that a hearing shall be held before the enactment of a normative document, the working department of municipal government or district government shall hold the hearing according to law before the formal adoption of the document.

If there are definite administrative counterparts, the department enacting the document shall solicit opinions from majority of the counterparts when necessary.

Article 11 If the normative document to be enacted, revised or abolished involves the use of new technologies, new materials, new arts and crafts or new methods, or causes important influence on urban ecology and environmental protection, the department drafting, revising or abolishing the normative document shall solicit opinions from local or national special institutions and experts in advance.

Article 12 When the working department of the municipal government or the district government drafts, revises or abolishes a normative document, it shall demonstrate the scientificalness and feasibility of the document, and lays down preventive and remedial measures for possible negative influence.

Article 13 Any unit or individual may propose written or oral opinions and suggestions to the department drafting, revising or abolishing normative documents.

Article 14 As to the opinions and suggestions proposed by relevant units and individuals, the working department of municipal government or district government drafting, revising or abolishing the normative document shall study them earnestly. If the opinion or suggestion is not adapted, they shall give reason to the proposer.

Article 15 Department, that must enact, revise or abolish a normative document because of emergency, and can not solicit opinions publicly according to these rules, may disregard the procedure of solicitation, but shall state the public opinions having been reflected and the main problems that may occur.

Article 16 If a normative document is to be enacted in the name of the municipal government or the general office of the municipal government, the drafting unit shall solicit opinions and make demonstration according to the provisions of this Chapter before finishing the draft, and submit the final draft to the municipal government for discussion and determination.

Chapter Ⅲ Examination of Documents

Article 17 The working department of the municipal government enacting, revising or abolishing normative document shall deliver the document to the municipal department of legal affairs for legal and technical examination, 25 working days ahead of the date when the normative document or the decision on abolishing a normative document is planned to be effective.

Article 18 The drafting department is responsible for delivering the normative document to be enacted for examination. The normative document drafted by two or more than two departments jointly shall be delivered for examination by the head department or the departments together.

Article 19 The working department of the municipal government drafting or revising normative document shall deliver the following materials to the municipal department of legal affairs:

(1) official letter signed by the chief executive concerning delivering normative document for examination;

(2) formal version of the normative document;

(3) explanation of the normative document;

(4) laws, regulations, rules, national policies, or the commands and decisions of the superior administrative department according to which the normative document is drafted or revised;

(5) other relevant materials for the draft or revision of the normative document.

If the normative document involves functions of other administrative organs, the statement of the consultation with other organs shall be delivered.

Article 20 The working department of the municipal government planning to abolish the normative document shall submit the following materials to the municipal department of legal affairs:

(1) official letter signed by the chief executive concerning delivering normative document for examination;

(2) formal version of the decision on abolishing the normative document;

(3) explanation of abolishing the normative document;

(4) laws, regulations, rules, national policies, or the commands and decisions of the superior administrative department according to which the normative document is abolished;

(5) other relevant materials for the abolishment of the normative document.

Article 21 The municipal department of legal affairs shall consider the following matters when examine the delivered normative document or the decision on abolishing a normative document:

(1) whether the content of the normative document or the decision on abolishing a normative document accords with the provisions of Article 6 and Article 7 of these rules;

(2) whether collection of opinions and demonstration has been done according to these rules;

(3) whether there is real emergency under which the time for soliciting opinions is insufficient.

If the normative document is examined to be qualified, the municipal department of legal affairs shall give an opinion of examination and inform the submitting department within 10 working days. The normative document shall be submitted to the general office of the municipal government and be issued in the Bulletin of the People’s Government of Shenzhen Municipality.

If the normative document shall be perfected according to the first paragraph, the municipal department of legal affairs shall inform the delivering organ of perfection opinion within 10 working days; and shall give an opinion of reexamination within 5 working days, if the submitting department submits the perfected normative document and relevant materials to the municipal department of legal affairs for examination again.

The municipal department of legal affairs shall give examination opinion to the normative document enacted, revised or abolished under emergency within 5 working days.

Article 22 The municipal department of legal affairs shall give examination opinion to the normative document or the decision on abolishing a normative document delivered for examination, and return it to the delivering department within 10 working days, under one of the following circumstances:

(1) the delivered materials are insufficient to support the necessity of enactment, revision or abolishment of the normative document;

(2) the legislative authority is insufficient for the delivering organ to enact, revise or abolish the document;

(3) the content of the document violates the laws, regulations, rules, national policies, commands or decisions of superior administrative organization or of the municipal government;

(4) the drafting department has not solicit opinions publicly or made demonstrations according to these rules;

(5) mistake or defect in the expression of the document is so serious that it affect the clear understanding of the document.

Article 23 If the materials for the examination of normative document or decision on abolishing a normative document, delivered by the working department of municipal government for examination, are insufficient so as to affect regular examination, the municipal department of legal affairs shall return them to the delivering department immediately and point out the lacking materials in written.

Article 24 If the submitting department or other relevant department disagrees with the opinion of examination raised by the municipal department of legal affairs, he may complain to the municipal government within 10 working days from the date when he receives its written notice, and shall send a duplicate of complain report to the municipal department of legal affairs at the same time. The municipal department of legal affairs shall submit a written explanation to the municipal government according to its requirements.

Article 25 When the municipal department of legal affairs examines the normative document, it may solicit opinions from relevant units. Those units shall reply in time.

Chapter Ⅳ Promulgation of Documents

Article 26 The general office of the municipal government shall promulgate the qualified normative document or the decision on abolishing a normative document in the Bulletin of the People’s Government of Shenzhen Municipality within 10 working days.

If the general office of the municipal government considers that the content of the normative document submitted for promulgation is improper, or the normative document fails to accord with the format requirements of official document, it may require the department applying for promulgation and the municipal department of legal affairs to give reason.

The drafting department, that submits the normative document passed the examination of the municipal department of legal affairs, shall submit the following documents to the general office of the municipal government for promulgation at the same time:

(1) official letter concerning submitting the normative document for promulgation;

(2) examination opinion of the municipal department of legal affairs;

(3) format version of the normative document.

Article 27 If the municipal department of legal affairs fails to give an examination opinion within the prescribed time limit, the working department of the municipal government, that has submitted the document for examination, may directly submit the normative document or the decision on abolishing a normative document to the general office of the municipal government for promulgation. The general office of the municipal government shall order the municipal department of legal affairs to make explanation before promulgation.

Article 28 An effective date shall be stipulated in the normative document or the decision on abolishing a normative document, and shall be a date later than 5 working days from the promulgation.

If the normative document or the decision on abolishing a normative document must take effect from the date of promulgation, the submitting department shall make special explanation when submitting it to the municipal department of legal affairs for examination.

Article 29 After the normative document is promulgated in the Bulletin of the People’s Government of Shenzhen Municipality, the working department of the municipal government may publicize the normative document or the decision on abolishing the normative document in other manners.

Article 30 The following normative document or decision on abolishing a normative document is invalid and shall not be enforced by executive department:

(1) printed and issued by the working department of the municipal government itself; and

(2) not examined by the municipal department of legal affairs, nor promulgated in the Bulletin of the People’s Government of Shenzhen Municipality,.

Article 31 If the municipal department of legal affairs finds out a normative document or a decision on abolishing a normative document published against the procedures stipulated in these rules, it shall inform the publishing department immediately to withdraw the printed and publicized document or decision, and shall apply the municipal government to announce the revocation of document or decision in the Bulletin of the People’s Government of Shenzhen Municipality.

Chapter Ⅴ Put-on-record of the District Government’s Normative Documents

Article 32 District government shall send the following materials to the municipal department of legal affairs for record within 30 days from the formal promulgation of the enacted or revised normative document or the decision on abolishing a normative document:

(1) official letter concerning submitting the document or decision for record;

(2) formal version of the normative document or the decision on abolishing a normative document;

(3) explanation of enacting, revising or abolishing a normative document;

(4) laws, regulations, rules, national policies, commands or decisions of superior administrative organ according to which the normative document is enacted, revised or abolished;

(5) other relevant materials for the enactment, revision or abolishment of the normative document.

The municipal department of legal affairs shall issue a receipt for the acceptance of the normative document submitted for record by district government.

Article 33 The municipal department of legal affairs shall examine the legality and draft of the normative document or the decision on abolishing a normative document submitted for record by district government.

Article 34 The municipal department of legal affairs shall take the following measures when finding out that the normative document of district government submitted for record violates these rules:

(1) if the content doesn’t accord with the provisions of Items 1 to 5 of Paragraph 1 in Article 6, or of Article 7, the department of legal affairs shall advise the promulgating department to revoke or apply to the municipal government for revocation;

(2) if the mistake or defect in the expression of the document is so serious that it affect the clear understanding of the document, the department of legal affairs shall advise the enacting department to revise it.

Article 35 The municipal department of legal affairs shall order the district government to make correction, if the district department has not submitted its normative document or decision on abolishing a normative document for record according to these rules; and shall submit the normative document, not submitted for record, to the municipal government for revocation, if its content does not accord with the provisions of Item 1 to 5 of Paragraph 1 in Article 6, or of Article 7 of these rules.

Chapter Ⅵ Other Provisions

Article 36 The general office of the municipal government shall sent the normative document, drafted in the name of the municipal government or the general office of the municipal government, to the municipal department of legal affairs for studying and raising opinion before the document is submitted to the leader of the municipal government to sign.

Article 37 The municipal or district government or their working departments shall provide standard version of the normative document as legal basis, published in government bulletin, to the administration appeal organ or the people’s court, during the administrative appeal or administrative lawsuit.

Article 38 The municipal government and its working departments as well as the district government shall review their respective normative documents in time, under one of the following situations:

(1) the partial or total content of the current normative document are changed, replaced or cancelled by laws, regulations, rules, commands or decisions of superior administrative organization, or new documents enacted by the department;

(2) the normative document is no longer satisfy the current economic construction and social development, or contravenes with the current policy of the State;

(3) the normative document goes invalid actually due to completion of task.

Working department of the municipal government and district government shall report the review situation to the municipal department of legal affairs in time.

The municipal department of legal affairs shall organize the review of normative documents of the municipal government and report to it.

Article 39 If a valid normative document is under one of the following situations, the municipal department of legal affairs shall advise the promulgating department to revise or revoke it, or directly submit the document to the municipal government for revocation:

(1) the content of the document does not accord with the provisions of Article 6 or Article 7 of these rules;

(2) the enacting department fails to listen to the opinion of parties and public adequately in violation of the procedure provisions of these rules on soliciting opinions;

(3) the materials, submitted for examination before promulgation as the basis for enactment of the document, are seriously inconsistent with the fact;

(4) other violations of laws, regulations or these rules.

Article 40 The working department of the municipal government and the district government shall implement these rules as their own works of administration by law. The person in charge of the enforcement unit and the enforcement official shall be investigated for legal responsibilities according to law, if they violate these rules seriously, or damage the legal rights and interests of natural person, legal person or other organization because of enforcing an invalid normative document.

Article 41 If the content of the normative document, passed the examination of the municipal department of legal affairs, violates the provisions of Article 6 or Article 7 of these rules due to mistake, the person chiefly and directly responsible shall be investigated for responsibilities

Article 42 Working department of the municipal government or district government enacting, revising or abolishing normative document shall assign special persons to make special archives.

Person collecting archives shall classify and set out written materials and other relevant materials, formed and received during the course of drafting document, soliciting opinions, examining document, promulgating and implementing, and put them on file in time.

The competent department of archives of the municipal government is in charge of the supervision and direction of collecting and keeping the archives of normative documents.

Chapter Ⅶ Supplementary Provision

Article 43 These rules shall go into effect as of January 1, 2001. The Rules of the Shenzhen Municipality on Put-on-record of Normative Documents shall be invalid concurrently.