Announcement of the Standing Committee of Shanghai Municipal People's Congress No. 69
Regulations of the Standing Committee of Shanghai Municipal People's Congress on the Filing and Examination of the Normative Documents were adopted at the 31st Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on May 21, 2021 and are hereby promulgated. They shall be effective as of July 1, 2021.
Standing Committee of Shanghai Municipal People's Congress
May 21, 2021
Regulations of the Standing Committee of Shanghai Municipal People'sCongress on the Filing and Examination of the Normative Documents
(Adopted at the 31stSession of the Standing Committee of the 15th Shanghai Municipal People's Congress on May 21, 2021)
Article 1
With a view to further standardizing the work of filing and examination, strengthening the filing and examination system and capacity building, and fulfilling the supervisory duties entrusted to the local people's congresses and their standing committees by the Constitution and laws, these Regulations are formulated in accordance with the relevant provisions of the Constitution of the People's Republic of China and the Legislative Law of the People's Republic of China, the Supervision Law of the Standing Committees of the People's Congress at All Levels of the People's Republic of China, and the other laws, and with reference to the Procedures for the Filing and Examination of Regulations and Judicial Interpretations promulgated by the Standing Committee of the National People's Congress, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations shall apply to the filing and examination of the normative documents by the Standing Committee of the Municipal People's Congress (hereinafter referred to as SCMPC).
The normative documents mentioned in these Regulations refer to the documents which are formulated and promulgated by the relevant state organs within the administrative regions of this Municipality in accordance with the statutory authority and procedures, involving the rights and obligations of the citizens, legal persons and other organizations, and which haveuniversal binding force and may be repeatedly applied within a certain period of time.The following normative documents shall be submitted to SCMPC for filing:
1. the regulations formulated by the Municipal People's Government;
2. the normative documents such as decisions, orders, provisions and procedures formulated by the Municipal People's Government;
3.the normative documents formulatedby the Municipal People's Government and its relevant departments under the requirementsof local rulesfor supporting the implementation of the local rules;
4. the normative documents formulated by the Municipal Supervisory Commission for the implementation of the national laws and rules or in accordance with authorization;
5.the normative documents for guidance, standard trial and procuratorial work formulated by the municipal high people's court and the municipal people's procuratorate;
6. the resolutions and decisions made by the district people's congresses and theirstanding committees; and
7. other normative documents that shall be submitted to SCMPC for filing according to law.
Article 3
The SCMPC shall carry out the work of filing and examination in accordance with the Constitution and laws, ensure the strict enforcement of orders and prohibitions of the Central Committee of CPC, guarantee the implementation of the Constitution and laws, protect the legitimate rights and interests of citizens, safeguard the unity of the national legal system, and promote the formulation level of the normative documents by the state organs of this Municipality.
Article 4
The work of filing and examination shall be carried out in accordance with the statutory limits of authority and procedures, and the principle of filing all documents, examining all filings and correcting all wrongs shall be adhered to.
Article 5
The general office ofSCMPC (hereinafter referred to as the SC general office) shall be responsible for receiving, registering, transferring and filing the normative documents submitted for filing.
The legal work committee of SCMPC (hereinafter referred to as the legal work committee) is the daily work organization for the filing and examination of the normative documents, responsible for the distribution, coordination, collection, study and report of the filing and examination.
The special committee of the Municipal People's Congress and the working committee of SCMPC (hereinafter referred to as the relevant committees) shall, in accordance with their respective functions and duties, be responsible for the examination and study of the normative documents in relevant fields.
Article 6
The SCMPC shall strengthen the construction of the filing and examination informatization, establish and improve the information platform of filing and examination covering the whole Municipality with interconnection and convenient operation, and improve the informatization level of the filing and examination work.
Article 7
The working organizations of SCMPC shall strengthen the contact and cooperation with the general office of the Municipal Committee of CPC, the general office of the Municipal People’s Government, the Municipal Supervisory Committee, the Municipal higher people's court and the Municipal people's procuratorate, so as to form a linkage mechanism for the filing and examination.
Article 8
The working organizations of SCMPC shall strengthen the working contact with the standing committees of the district people's congresses and provide relevant business guidance as needed.
Chapter IIFiling
Article 9
The normative documents shall be submitted for filing within 30 days from the date of promulgation.
For filing, three print texts and one electronic text of the filing reports, the formal text of the normative documents and the relevant explanatory materials shall be submitted together as required.
The submitting units shall submit the electronic texts of all the filing documents via the filing examination information system of SCMPC, and the submitted electronic texts shall meet the format standards and requirements issued by the working organs of the Standing Committee of the National People's Congress.
Article 10
The normative documents shall be submitted for filing by the following organs:
1. The normative documents formulated by the Municipal People's Government and its relevant departments shall be submitted by the General Office of the Municipal People's Government for filing;
2. The normative documents formulated by the Municipal Supervisory Committee shall be submitted by the General Office of the Supervisory Committee for filing;
3. The normative documents formulated by the municipal higher people's court and the municipal people's procuratorate shall be submitted by the office of the municipal higher people's court and the office of the municipal people's procuratorate for filing;
4. The normative documents formulated by the district people's congresses and theirstanding committees shall be submitted by the office of the standing committees of the district people's congresses for filing.
Article 11
The SC general office shall, within five working days from the date of receiving the documents for filing, conduct examination and approval, and shall, if the documents for filing comply with the statutory scope and procedures, are complete, and meet the format standards and requirements, accept and register the documents, and then transfer them to the legal work committee. For those that do not comply with the statutory scope and procedures, are incomplete or do not meet the format standards and requirements, the filing units shall be required to supplement or return them for refiling and explain the reasons. Supplementary filing materials or refiling shall be completed within 10 working days from the date of receiving the notice.
The legal work committee shall examine and study the documents submitted for filing and send them to the relevant committees for examination and study according to the division of responsibilities.
Before January 31 of each year, the formulating organs shall submit to the SC general office the catalogues of the normative documents formulated, revised or abolished in the previous year for examination.
The general office of SCMPC publishes the catalogues of the normative documents filed in the previous year to the public via the communique of SCMPC and the public websites of the Shanghai People's Congress.
Chapter IIIExamination
Section 1 Examination Responsibilities
Article 13
The relevant committees and the legal work committee shall take the initiative to examine the normative documents submitted for filing in accordance with their functions and powers.
The relevant committees shall, within 30 days from the date of receiving the distributed reports, put forward written examination and study opinions and send them to the legal work committee for comprehensive study, except where letters to the formulating organs are required to make an explanation.
Article 14
The requirements for the examination of the normative documents submitted by the state organs to SCMPCin writing according to law shall be received and registered by the SC general office, and reported to the secretary general to approve and transfer to the relevant committees for examination and study in conjunction with the legal work committee.
Article 15
The examination proposals on the normative documents submitted by state organs, social organizations, enterprises, institutions and citizens in writing to SCMPC according to law shall be received and registered, examined by the legal work committee, which shall examine and study them together with the relevant committees.
After preliminary study, if any of the following circumstances exists in the examination proposal, the examination procedure may not be initiated:
1. The relevant provisions of the normative documents proposed for examination have been amended or repealed;
2. The relevant provisions of the normative documents proposed for examination have been communicated with the formulating authorities before, and the formulating authorities expressly agree to modify or repeal;
3. The same provisions of the normative documents proposed for examination have been examined before, and the examination conclusions have been reached;
4. The reasons for the proposedexamination are not clear or obviously unfounded; Or
5. Other circumstances that are not suitable for initiate the examination procedure.
After the preliminary examination and study of the examination proposal, if the legal work committee considers it necessary to initiate the examination procedure, it shall, with the approval of the secretary general, submit them to the relevant committees for examination and study according to the division of responsibilities specified in Article 5.
Article 18
In combination with the implementation of the strategic decisions and arrangements of the Central Committee of CPC and the decisions of the Standing Committee of the National People's Congress, the legal work committee shall carry out special examination on the relevant normative documentscentering on this Municipality's work priorities in conjunction with the relevant committees.
With regard to the examinationproposals for the normative documents that do not fall within the scope of the examination of SCMPC, the legal work committee shall, in accordance with the law, transfer them to the organs that have the rights to examine for handling, or inform the citizens and organizations that put forward the examination proposals to directly put forward the examination proposals to the organs that have the rights to examine.
The legal work committee shall study and deal with the examination proposals transferred by relevant authorities in accordance with the relevant provisions of these Regulations.
Section 2 Examination Procedure
In the course of examination, transfer examination or special examination in accordance with authority, or in the course of examination and study in accordance with examination requirements and proposals, if it is found that the normative documents may be under the circumstances specified in Section 3 of Chapter III of these Regulations, the formulating organs may be notified by letter to give explanations and give written feedback within 30 days.
Article 21
When examining and studying the normative documents, opinions of the relevant state organs, social organizations, enterprises and institutions, deputies to the people's congresses, experts and scholars, as well as interested parties may be heard via symposiums, hearings, demonstration meetings, entrusting third-party research, etc.
Article 22
When examining and studying the normative documents, on-the-spot investigation may be conducted according to the needs so as to have a deep understanding of the actual situations.
Article 23
The legal work committee shall strengthen communication and coordination with the relevant committees in the work of filing and examination, and timely learn about the work of filing and examination from the relevant committees.
If there are major differences of opinions between the relevant committees and the legal work committee in the examination and study, they shall report to the meeting of directors with the consent of the secretary general.
Section III Examination Criteria
Article 24
When examining and studying the normative documents, if it is found that there may be problems in violation of the constitutional provisions, constitutional principles or the spirit of the constitution, the normative documents shall be reported to the Standing Committee of the National People's Congress.
Article 25
When examining and studying the normative documents, if it is found that there may be problems inconsistent with the major strategic decisions and arrangement of the Central Committee of CPC or the directions of major national reform, opinions shall be put forward.
Article 26
When examining and studying the normative documents, if a normative document is found to be under any of the following circumstances in violation of the provisions of laws and rules, opinions shall be put forward:
1. in violation of Article 8 of the Legislative Law of the People's Republic of China, making provisions on matters for which only law may be formulated;
2.setting up the rights and obligations of citizens, legal persons and other organizations in violation of the law, or setting up the power and responsibility of the state organs by exceeding authorities and in violation of the law;
3. setting up administrative license, administrative penalty or administrative compulsion in violation of the law, or in violation of the law, making adjustments and changes to the administrative license, administrative penalty and administrative compulsionset up by laws and rules;
4. there existing provisions obviously inconsistent with the provisions of laws and rules, or obviously contrary to the legislative purposes and principles of laws and rules, aiming at offsetting, changing or evading the provisions of laws and rules;
5. violating the authorization decision and exceeding the scope of authorization;
6. violating the legal procedures; or
7. other circumstances in violation of laws and rules.
Article 27
When examining the normative documents, if a normative document with obvious inappropriate problems is found to be under any of the following circumstances, opinions shall be put forward:
1. obviously violating the socialist core values and public order and good customs;
2. the provisions on the rights and obligations of citizens, legal persons or other organizationsobviously unreasonable, or the means prescribed to achieve the legislative purpose obviously not matched with the legislative purpose;
3. not suitable for further implementation due to major changes in the actual situations; or
4. other obviously inappropriate situations.
Chapter IVHandling
Article 28
In the course of examination and study, the relevant committees and the legal work committee may communicate with the formulating organs or inquire about the formulating organs in written form if they find that the normative documents may be under the circumstances specified in Section 3 of Chapter III of these Regulations.
Article 29
If, after examination and study, the normative documents are found to be under the circumstances specified in Section 3 of Chapter III of these Regulations and need to be corrected, the legal work committee shall, in conjunction with the relevant committees, put forward study opinions, communicate with the formulating organsand request the formulating organs to amend or abolish them.
If, after communication, the formulating organs modify or abolish the normative documents in a timely manner, or puts forward clear plans and time limits for handling the cases in writing, the examination shall be suspended.
If there is no result after communication, the legal work committee and the relevant committees shall put forward written examination and study opinions according to law. The general office shall send letters to the formulating organs upon the decision of the meeting of directors, and request that the formulating organs submit written handling opinions within two months.
If the formulating organs correct the relevant normative documents and complete the relevant work in accordance with the requirements of the meeting of directors or the opinions of the working bodies of the standing committee, the examination shall be terminated.
If the formulating organs fail to amend or abolish the relevant normative documents in accordance with the written examination and study opinions decided by the meeting of directors, the relevant committees or the legal work committee shall put forward motions or proposals to the meeting of directors on the revocation of the normative documents, and the meeting of directors shall decide to submit them to the meeting of SCMPC for deliberation and decision.
Article 31
Where a normative document is amended or abolished, the formulating organ shall inform the relevant information in writing in a timely manner and resubmit it for filing in accordance with the provisions of these Regulations.
After the examination of the normative documents is completed, the SC general office shall feedback the examination results to the state organs for the examination requirements put forward by the state organs; the results of the examination shall be fed back by the legal work committee on the examination proposals put forward by state organs, social organizations, enterprises, institutions and citizens.
Feedback may be in written form or oral form if necessary. The examination proposals put forward via the Municipal People's Congress filing and examination information system may be fed back via the examination information system.
Article 33
After the examination of the normative documents is completed, the relevant examination and study materials shall be filed in a timely manner.
Chapter VReporting
The legal work committee shall report to SCMPC every year the situations of carrying out the filing and examination of the normative documents, which shall be deliberated at the meeting of SCMPC.
Article 35
The contents of the report on the filing and examination generally include: the situation of receiving the filing, carrying out the examination, rectifying and handling the normative documents, carrying out the filing and examination system and capacity building, the consideration and suggestions for the following work, etc.
When drafting reports on the work of filing and examination, the legal work committee shall consult each committee and the SC general office, report them to the meeting of directors for decision and submit them to the meeting of SCMPC for deliberation.
Article 36
The reports on the work of filing and examination shall be published in the bulletins of SCMPC and the public websites of Shanghai People's Congress after being revised according to the deliberation opinions of the members of the Standing Committee.
Chapter VISupplementary Provisions
Article 37
The standing committees of the district people's congresses of this Municipality shall, with reference to these Regulations, file and examine the relevant normative documents formulated by the local state organs under the supervision of the standing committees of the people's congresses at the corresponding levels.
Article 38
These Regulations shall be effective as of July 1, 2021. Provisions of the Standing Committee of Shanghai Municipal People's Congress on the Filing and Examination of the Normative Documents adopted at the 33rd Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on April 19, 2012 shall be repealed at the same time.
