Heilongjiang Provincial People's Government Order No. 5

Heilongjiang Provincial People's Government

No. 5

The "Measures for the Formulation and Supervision and Management of Administrative Normative Documents in Heilongjiang Province" has been deliberated and adopted at the 30th executive meeting of the provincial government on November 13, 2023, and is hereby promulgated to take effect on January 1, 2024.

Governor Liang Huiling

November 16, 2023

Heilongjiang Provincial Administrative Normative Document Formulation and Supervision and Management Measures

Chapter I: General Provisions

Article 1: These measures are formulated in accordance with relevant laws, regulations, and the provisions of the State Council, combined with the actual conditions of the province, in order to standardize the formulation and supervision and management of administrative normative documents, promote the construction of a government under the rule of law, and protect the legitimate rights and interests of citizens, legal persons and other organizations.

Article within the administrative area of this province administrative normative documents and supervision and management of the work, these measures shall apply.

Administrative normative documents involving major administrative decision-making matters shall be implemented in accordance with the "Interim Regulations on Major Administrative Decision-making Procedures" and "Interim Provisions on Major Administrative Decision-making Procedures in Heilongjiang Province".

Article 3 The term "administrative normative documents" in these measures refers to official documents that are formulated and publicly released by administrative organs or organizations authorized by laws and regulations to manage public affairs (hereinafter collectively referred to as administrative organs) in accordance with statutory authority and procedures, involving the rights and obligations of citizens, legal persons and other organizations, and are universally binding and repeatedly applied within a certain period of time.

The following documents are not administrative normative documents:

(1) Documents such as administrative organs' internal implementation of management norms, work systems, institutional establishments, meeting minutes, work plans, commendations, rewards and punishments, and personnel appointments and removals;

(B) the issuance of budgets, allocation of funds, approval of project matters and other documents that do not contain the content of external administrative management norms;

(3) Requests for instructions and reports submitted to higher-level organs;

(4) Documents such as negotiating work, inquiring and answering questions with organs that are not subordinate to them;

(5) Other documents that do not comply with the provisions of the preceding paragraph of this article.

Article 4 The formulation, supervision and management of administrative normative documents shall follow the following principles:

(1) Adhere to the Party's leadership, implement the Party's line, principles, policies, and decision-making arrangements;

(2) Maintaining the unity of the nation's legal system;

(3) Uphold the supremacy of the people;

(D) adhere to the administration according to law;

(5) Embodying the spirit of comprehensively deepening reform;

(6) Carry forward the core socialist values.

Article 5 The people's governments at or above the county level shall lead the formulation and supervision and management of administrative normative documents within their respective administrative regions, and shall be responsible for the supervision and management of administrative normative documents of the people's governments at the next level, the organs and departments dispatched by the people's governments at the same level, and the organizations authorized by laws and regulations to have the function of managing public affairs (hereinafter referred to as organizations authorized by laws and regulations). The judicial administrative departments at the county level or above are responsible for carrying out the specific work.

The departments or institutions of administrative organs undertaking legality review work (hereinafter collectively referred to as legality review bodies) are responsible for the legality review of administrative normative documents of that organ.

The office of the administrative organ shall be responsible for the issuance, processing, filing and archiving of administrative normative documents in accordance with the relevant provisions on the handling of official documents of the state.

The work expenses required for the formulation, evaluation, demonstration, review, filing, and clean-up of administrative normative documents shall be included in the financial budget at the same level to be guaranteed.

Sixth Heilongjiang Provincial Government rules and administrative normative documents comprehensive management platform is the province's administrative normative documents and supervision and management of the comprehensive information platform, administrative organs at all levels shall, in accordance with their respective authority to strengthen the application of the platform management, relying on big data and other technical means to achieve the standardization of administrative normative documents, refinement, dynamic management.

Article 7: People's governments at the county level or above shall include the formulation and supervision and management of administrative normative documents in the content of inspections of the establishment of a rule of law government, and include it in the evaluation index system for the establishment of a rule of law government as the content of administrative evaluations in accordance with law.

Chapter II: Formulation and Publication

Article 8: The following units (hereinafter collectively referred to as formulating units) may formulate administrative normative documents:

(1) People's governments at all levels;

(2) the offices of the people's governments at or above the county level;

(3) Dispatched organs of people's governments at or above the county level;

(4) the work departments of the people's governments at or above the county level;

(5) Organizations authorized by laws and regulations.

The administrative normative documents formulated by the units in items 1 to 3 of the preceding paragraph are government administrative normative documents, and the administrative normative documents formulated by units in items 4 to 5 are departmental administrative normative documents.

Except as otherwise provided by laws and regulations, the deliberative and coordinating bodies of the units specified in the first paragraph, their offices, dispatched bodies, and internal organs shall not formulate administrative normative documents.

Article 9: The judicial-administrative departments at the county level or above are responsible for reviewing the qualifications of entities drafting administrative normative documents at that level, forming a list of entities drafting administrative normative documents, and releasing them to the public after obtaining the consent of the people's government at that level. Township (town) people's governments, as the main body of administrative normative documents, are included in the list of entities that formulate administrative normative documents at the county level.

Article 10: Where laws, regulations, rules, and higher-level documents have already made clear provisions, or where existing documents have already been deployed and are still applicable, administrative normative documents must not be drawn up repeatedly; it is strictly forbidden to copy, copy, and transfer to higher-level documents, and those that may or may not be issued, and those that have no substantive content shall not be issued; administrative normative documents with similar content shall be combined and formulated.

Where there are no clear requirements in the administrative normative documents at the higher level, supporting administrative normative documents are generally not issued. Administrative organs shall not request the formulation and issuance of supporting administrative normative documents by lower levels in the name of implementation, supervision and evaluation, etc.

Article 11 The name of an administrative normative document is generally called "provisions", "measures", "rules", "detailed rules", "opinions", "decisions", "notices", "announcements", "notices", "notices", etc., according to their contents, but shall not be called "laws" or "regulations". Except for complex content, it is generally not divided into chapters and sections.

The format of administrative normative documents shall be standard and standardized, the content shall be lawful and reasonable, and the expression shall be rigorous and concise.

Article 12: Administrative normative documents shall not provide for the following contents:

(1) Increasing matters of administrative power other than those provided for by laws and regulations, or reducing legally-prescribed duties;

(2) Set up matters such as administrative licensing, administrative punishment, and administrative compulsion, increase the conditions for handling administrative licensing, and provide for the content of circular certificates, duplicate certificates, and unnecessary certificates;

(3) Unlawfully derogating from the lawful rights and interests of citizens, legal persons, and other organizations, or increasing their obligations, infringing on citizens' basic rights such as personal rights, property rights, personality rights, labor rights, and the right to rest;

(4) Matters that exceed authority and stipulate that they shall be regulated by the market, self-discipline by enterprises and society, and self-management by citizens;

(5) Illegally providing for measures that exclude or restrict fair competition, illegally interfering with or impacting the normal production and business activities of market entities, or illegally setting conditions for market access and exit;

(6) Other matters that shall be provided for by laws, regulations, and rules.

Article 13: The formulation of administrative normative documents shall generally perform the following procedures:

(1) Assessment and argumentation;

(2) soliciting opinions;

(3) Legality review;

(4) Collective deliberation and decision-making;

(5) Publicly release to the public.

Where it is necessary to immediately formulate administrative normative documents for the purpose of preventing, responding to, and handling emergencies, implementing emergency orders and decisions of higher-level organs, and implementing temporary measures, the relevant formulation procedures may be simplified with the approval of the principal responsible person of the drafting unit, and shall be formulated and issued after legality review.

Article 14: Government administrative normative documents shall generally be drafted by the implementing units; where two or more implementing units are involved, the main implementing units shall take the lead in drafting, and other implementing units shall cooperate. Where there is a dispute over the implementing unit or the main implementing unit, the people's government at that level is to designate it.

Departmental administrative normative documents shall be drafted by the relevant departments and agencies.

Article 15: The drafting unit shall put forward opinions on whether the document to be formulated is an administrative normative document. If it is an administrative normative document, the drafting unit shall perform the procedures for formulating the administrative normative document and shall not circumvent it in any form.

The legitimacy review body may provide guidance on the procedures for formulating administrative normative documents and the legality of the matters to be specified.

Article 16: Drafting administrative normative documents shall comprehensively demonstrate the necessity, legitimacy, feasibility, and appropriateness, conduct in-depth investigation and study of the problems that need to be solved, and assess the expected effects and possible impacts of the proposed system and administrative measures to be established. For administrative normative documents that are more professional and technical, the drafting unit shall organize experts in relevant fields to conduct argumentation. The conclusion of the assessment and argumentation shall be stated in the instructions for the drafting of administrative normative documents, as an important basis for the preparation and issuance of administrative normative documents.

Fair competition review shall be conducted in the formulation of administrative normative documents involving the economic activities of market entities, such as market access and exit, industrial development, investment promotion, bidding and bidding, government procurement, business conduct norms, and qualification standards.

Drafting administrative normative documents involving women's rights and interests, and when necessary, a gender equality assessment shall be conducted.

Article 17: In drafting administrative normative documents, the opinions of relevant organs, citizens, legal persons, and other organizations shall be widely heard. Where major public interests and public rights and interests are involved, and issues of social stability are likely to arise, the drafting unit shall employ forms such as symposiums, debate meetings, and on-site visits to fully hear the opinions of all parties, especially the opinions of stakeholders.

Except where confidentiality is required in accordance with law, administrative normative documents that have a major impact on the rights and obligations of citizens, legal persons, and other organizations, or involve the vital interests of the public, shall be open to the public for comments.

The drafting unit may publish materials such as the draft document and its explanations through government websites, press conferences, newspapers, radio, television, etc., and clearly state the method and time limit for comments. The period for soliciting comments is generally not less than 10 days, and where it is closely related to the production and business activities of market entities, the period for soliciting opinions is generally not less than 30 days.

Where laws, regulations, or rules provide that a hearing shall be given, the drafting unit shall organize a hearing in accordance with the provisions.

Article 18: The drafting unit shall study and deal with the opinions raised in the solicitation, and explain the adoption of the opinions to the administrative normative document formulation unit.

Where there are differences of opinion on the drafting of administrative normative documents by relevant organs or organizations authorized by laws or regulations, the drafting unit shall carry out coordination;

Article 19: The drafting of administrative normative documents shall be subject to a review of legality, and shall not be substituted for the review of legality by soliciting opinions, countersigning, or participating in deliberations;

Government administrative normative documents shall first be reviewed by the drafting unit's legality review body, and then reviewed by the government legality review body.

Administrative normative documents issued in the name of the department after being submitted to the people's government at the same level for approval shall be reviewed by the legality review body of the people's government at the same level.

Article 20: The drafting unit shall submit the following materials for administrative normative documents submitted for review:

(A) draft administrative normative documents;

(B) the drafting of administrative normative documents, including the necessity and basis for the formulation of administrative normative documents, the main problems to be solved and the main measures to be taken, the assessment of the demonstration situation, the solicitation and adoption of opinions, the coordination of different opinions, etc., and attach specific content to cite the basis of the comparison table and relevant materials.

Where it is necessary to perform procedures such as expert argumentation, fair competition review, gender equality assessment, and hearings in accordance with law, materials for the corresponding procedures shall also be provided.

When government administrative normative documents are submitted for review, they shall also provide the drafting unit's legality review opinions.

Article 21: Where the drafting unit submits the materials for review to the office body, the office shall review the completeness and standardization of the materials within 5 working days from the receipt of the submitted materials, and if it does not comply with the provisions of Article 20 of these Measures, it may be returned to the drafting unit, or require it to supplement the materials and explain the situation within the specified time. If the requirements are met, it shall be forwarded to the legality review body for review.

If the drafting unit directly submits the materials submitted for review to the legality review body for review, the legality review body shall review the completeness and standardization of the materials, and if it does not comply with the provisions of Article 20 of these Measures, it may be returned to the drafting unit, or it may be required to supplement the materials and explain the situation within the specified time. If the requirements are met, a legality review shall be conducted.

Article 22: The review of the legality of draft administrative normative documents includes the following aspects:

(1) Whether the drafting entity is lawful;

(2) Whether the legally-prescribed authority of the drafting unit has been exceeded;

(3) Whether it conforms to the provisions, principles, and spirit of the Constitution;

(4) Whether it complies with laws, regulations, rules, and relevant policy provisions;

(5) Whether legally-prescribed procedures have been performed;

(6) Other matters that need to be reviewed in accordance with law.

Article 23: Legality review bodies may adopt the following methods when conducting legality reviews:

(1) Written review;

(2) Requesting the drafting unit to make an explanation;

(3) Hearing the opinions of relevant parties through means such as convening symposiums, debate meetings, soliciting opinions in writing, or publicly soliciting opinions;

(4) Organizing legal advisers, public lawyers, and experts to conduct legal consultation or debate;

(5) Other methods conducive to improving the quality of legality review.

Article 24: Except for the prevention, response, and handling of emergencies, the implementation of emergency orders and decisions of higher-level organs, and the implementation of temporary measures, it is necessary to immediately formulate and implement administrative normative documents, the time for reviewing the legality of administrative normative documents is generally not less than 5 working days, and the longest is not more than 15 working days;

Article 25: Where there is really no need to formulate or there are major problems with the legality of the content, there is a lack of necessary procedures, and the basic conditions for formulating a draft administrative normative document are not yet mature, the legality review body may submit an opinion to the drafting unit on suspending the review or not reviewing it.

Article 26: Legality review bodies shall submit review opinions in accordance with the following provisions:

(A) the draft administrative normative documents in accordance with the provisions of article 22 of these measures, put forward legal opinions;

(B) part of the draft administrative normative documents do not conform to the provisions of article 22 of these measures, put forward suggestions for amendments;

(C) the main content of the draft administrative normative documents does not comply with the provisions of article 22 of these measures, put forward illegal or re-drafted after submitting for review.

The drafting unit shall, on the basis of the legality review opinions, revise or supplement the draft administrative normative documents.

Where the content of the draft administrative normative document involves exploratory reform decision-making matters, and the state has no clear provisions, the legality review body may clearly indicate the legal risks, and the formulating unit shall study and decide.

Article 27: Government administrative normative documents shall be deliberated and decided upon by the executive meeting or plenary meeting of the people's government at the corresponding level, and departmental administrative normative documents shall be deliberated and decided upon by the departmental office meeting. Collective discussions and decisions shall be truthfully recorded, and differing opinions shall be truthfully stated.

Article 28: After administrative normative documents are deliberated and approved or approved, they shall be uniformly registered, numbered, and issued uniformly by the office of the formulating unit. Administrative normative documents jointly formulated by two or more formulating units shall only indicate the document number of the main formulating unit, and shall be registered, numbered, and issued by the main formulating unit.

Article 29: The formulating unit shall promptly publish the text of the administrative normative documents to the public through government gazettes, government websites, new government media, newspapers and periodicals, radio, television, bulletin boards, etc., and shall not be issued and implemented in the form of internal documents, and the administrative normative documents that have not been published shall not be used as the basis for administrative management.

For administrative normative documents that involve the vital interests of the public, have a high degree of social concern, and may cause greater controversy, the drafting unit shall do a good job of assessing the timing of their issuance, strengthen the collection of public opinion after publication, promptly study and dispose, and actively respond to concerns.

Article 30: Administrative normative documents shall be marked with the date of implementation; where it is truly necessary to set aside a period for citizens, legal persons, and other organizations to adapt to the necessary policies, the formulating unit shall determine the implementation date in light of actual conditions.

Administrative normative documents are generally not retroactive, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations.

Article 31: Administrative normative documents shall specify the period of validity, and if the expiration of the validity period is not renewed, the administrative normative documents shall automatically become invalid.

The validity period of administrative normative documents shall not exceed 5 years from the date of implementation. Where it is necessary to have a validity period of more than 5 years in order to implement administrative normative documents formulated by laws, regulations, rules, or relevant policies, the reasons shall be stated in the drafting explanation, but the validity period must not exceed 10 years.

Where the name of an administrative normative document is titled "provisional" or "provisional", the validity period shall not exceed 2 years from the date of implementation.

Article 32: The unit formulating administrative normative documents is responsible for interpreting them. Where administrative normative documents need to be interpreted, the drafting unit of the administrative normative document shall put forward an interpretation opinion, and after being reviewed by the legality review body of the formulating unit, it shall be reviewed and published by the formulating unit.

Citizens, legal persons and other organizations may submit suggestions on the interpretation of administrative normative documents to the formulating unit.

The interpretation of administrative normative documents approved and published by the formulating unit has the same effect as administrative normative documents.

Chapter III: Filing and Review

Article 33: Judicial administrative departments at the county level or above shall, in accordance with their authority and procedures, conduct a filing review of administrative normative documents, so that all necessary documents are prepared, all preparations must be reviewed, and any mistakes must be corrected.

Article 34: Within 15 days from the date of promulgation, the office of the formulating unit shall submit it for the record in accordance with the following provisions:

(A) government administrative normative documents, submitted to the people's government at the next higher level for the record. Among them, the administrative normative documents formulated by the dispatched organs of the people's governments at or above the county level shall be submitted to the people's governments that established the dispatched organs for the record;

(B) departmental administrative normative documents, submitted to the people's Government at the same level for the record. Among them, administrative normative documents formulated by organizations authorized by laws and regulations of the competent departments shall be submitted by the competent departments to the people's governments at the corresponding level for the record.

Jointly formulated administrative normative documents, by the main drafting unit in accordance with the provisions of the preceding paragraph submitted for the record.

Government administrative normative documents shall be submitted to the Standing Committee of the People's Congress at the same level for the record in accordance with the Regulations on the Filing and Examination of Normative Documents of the Standing Committees of the People's Congresses at All Levels in Heilongjiang Province;

Article 35: The formulating unit submits administrative normative documents for the record, shall, in accordance with the provisions of article 34 of these Measures, send them directly to the judicial administrative departments at or above the county level through the Heilongjiang Provincial Government Rules and Administrative Normative Documents Comprehensive Management Platform, and submit electronic copies of the following materials:

(A) administrative normative documents for the record;

(B) the official text of administrative normative documents;

(C) the formulation of administrative normative documents;

(4) Formulate the unit's legality review opinions.

The administrative normative documents filing report shall indicate the administrative normative documents by the relevant meetings of the deliberation, publication and other content; the administrative normative documents shall be formulated and explained in accordance with the provisions of Article 20, Paragraph 1, Item 2 of these Measures.

Article 36: Where administrative normative documents submitted for filing comply with the provisions of articles 3, 34, or 35 of these Measures, the judicial administrative departments at the county level or above shall file and register them.

Where the administrative normative documents submitted for filing do not comply with the provisions of article 35 of these Measures, the judicial administrative departments are to suspend the filing and registration, and notify the drafting unit to supplement and correct the materials within 5 working days, and where the provisions are met after the supplementation and correction, they are to be filed and registered.

Article 37: Judicial administrative departments at the county level or above shall, in accordance with the provisions of article 22 of these Measures, conduct a filing review of administrative normative documents for filing and registration.

For administrative normative documents that are highly specialized or technical, or that are difficult or complex, the judicial administrative departments may organize legal advisers, public lawyers, and experts to participate in the filing and review.

Article 38: Where judicial administrative departments at the county level or above need relevant units to explain the situation, provide a legal basis, submit opinions, or otherwise assist in the review of administrative normative documents, the relevant units shall handle and respond within the time limit provided.

Article 39: Judicial-administrative departments at the county level or above shall strengthen coordination and cooperation with Party committees and people's congress standing committees for filing work, establishing and completing mechanisms for linking and linking filings and reviews such as for consultation and review, solicitation of opinions, and information sharing.

Article 40: Judicial-administrative departments at the county level or above shall publish a directory of administrative normative documents filed in the previous year in the government gazette or website at that level before January 31 of each year.

Chapter IV: Assessment and Cleanup

Article 41: Where the validity period of an administrative normative document expires, the drafting unit shall, 3 months before the expiration of its validity period, assess whether its validity period needs to be extended. If it is assessed that it needs to be continued to be implemented, it shall be re-published after the formulation unit extends the validity period;

If the validity period of an administrative normative document exceeds 5 years or the validity period is not specified, and the validity period is not specified, and the implementation period is 5 years, the drafting unit shall, 3 months before its implementation of 5 years, assess whether it needs to continue to be implemented. Where it is assessed that it needs to be revised, it shall be implemented by the formulating unit in accordance with the formulation procedures.

Article 42: The unit formulating administrative normative documents shall be responsible for cleaning up. Where more than one drafting unit is involved, the primary drafting unit is to take the lead in organizing the cleanup. Where the formulating unit is revoked, merged, or has its authority adjusted, the unit that continues to exercise its authority is responsible for cleaning it up.

Article 43: The formulating unit shall, in accordance with the requirements of comprehensively deepening reform, comprehensively governing the country according to law, and the needs of economic and social development, as well as the formulation, revision, and repeal of laws, regulations, rules, and relevant policies, clean up administrative normative documents.

Article 44: Administrative normative documents in any of the following circumstances shall be revised:

(1) Where part of the content is inconsistent with existing laws, regulations, rules, or relevant policies, but basically meets the needs of economic and social development and it is necessary to continue implementation;

(B) different administrative normative documents on the same matter inconsistency;

(3) The laws, regulations, rules, or relevant policies that are the main basis for formulation have already been revised;

(4) Other circumstances that shall be modified.

Article 45: Administrative normative documents shall be repealed in any of the following circumstances:

(1) The main content conflicts with existing laws, regulations, rules, or relevant policies;

(2) The main content has already been covered by new laws, regulations, rules, or relevant policies;

(3) Laws, regulations, rules, or relevant policies that were the main basis for formulation have been repealed;

(4) The main content does not meet the needs of economic and social development;

(5) Other circumstances that shall be repealed.

Article 46: In any of the following circumstances, administrative normative documents shall be declared invalid:

(1) The relevant policies that are the main basis for formulation have become invalid;

(2) The object of adjustment has disappeared;

(3) The task has been completed and does not need to continue to exist;

(4) Other circumstances in which invalidation shall be declared.

Article 47: The catalogue of administrative normative documents that are retained, revised, abolished, or invalidated after being cleaned up shall be announced to the public by the formulating unit, and the adjusted text of the administrative normative documents shall be published in due course.

The results of the clean-up such as the catalogue of administrative normative documents published by the formulating unit to the public shall be submitted in accordance with the time limit and channels provided for in article 34 of these measures.

Chapter V: Supervision and Handling

Article 48: Judicial administrative departments at the county level or above shall make timely circulars on the basis of the filing, registration, and review of administrative normative documents within each year.

Article 49: Where the formulating unit fails to submit the administrative normative documents for filing in accordance with the time limits and standardized formats provided for in these Measures, the judicial administrative departments are to notify the drafting unit to make corrections within a set period of time;

Article 50: Where judicial administrative departments discover that administrative normative documents submitted for filing have missing procedures that must be followed in the drafting process, or that the performance of the procedures is seriously irregular, they shall, in light of the circumstances, request that the drafting unit supplement and improve the relevant procedures, and make a notification within a certain range;

Article 51: In any of the following circumstances in administrative normative documents, the judicial administrative departments shall notify the drafting unit to make corrections within a set period of time:

(1) Not in accordance with the legally-prescribed authority of the formulating unit;

(2) It is not in accordance with the provisions, principles, and spirit of the Constitution;

(3) Not complying with laws, regulations, rules, or relevant policy provisions;

(4) Does not comply with the provisions of Article 12 of these Measures.

Within 30 days of receiving the judicial administrative department's review and handling opinion, the drafting unit shall make corrections on its own as required, and report the corrections in writing to the judicial administrative department.

Article 52: Where there is a refusal to correct or delay the correction of problems existing in an administrative normative document, the judicial administrative department is to give a talk to the responsible person of the drafting unit or drafting unit, or make a circular within a certain range, or request that the people's government at the same level revise or revoke it; where the circumstances are serious and negative consequences are caused, the judicial administrative department shall transfer it to the organ with authority to handle it in accordance with law.

Article 53: Judicial administrative departments at the county level or above shall conduct oversight of the submission of administrative normative documents for filing through methods such as reading or randomly checking the drafting unit's document issuance register and relevant documents, and the drafting unit shall cooperate.

Article 54: Judicial administrative departments at the county level or above may organize reviews and reviews of the legality of administrative normative documents at appropriate times, employing methods such as cross-reviews and written evaluations to conduct reviews of the legality of administrative normative documents, review results, and so forth.

Article 55: Where citizens, legal persons, and other organizations feel that administrative normative documents have issues of illegality, they may submit a review recommendation to the judicial administrative departments at the county level or above that have the right to record and review them through means such as letters, faxes, and e-mails.

The written review proposal shall generally indicate the name of the person making the recommendation or the name of the unit, the items and reasons for the proposed review, effective contact information and mailing address, and the date of the recommendation.

Judicial administrative departments at the county level or above that have the right to record and review shall handle it in accordance with law within 60 days of receiving the review recommendation, and inform the person making the suggestion of the handling of the case; The time required for the relevant authorities to assist in the examination is not counted.

Article 56:Judicial administrative departments at the county level or above shall make the following distinct dispositions of applications for review recommendations:

(A) in line with laws, regulations, rules and relevant policies, inform the proposer that the administrative normative document is legal;

(2) Where the formulating entity is unlawful, exceeds its legally-prescribed authority, or conflicts with laws, regulations, rules, and relevant policies, or violates legally-prescribed procedures, notify the drafting unit to make a disposition within 30 days and give feedback on the disposition in a timely manner;

Article 57: In any of the following circumstances, an application for a review recommendation shall not be accepted, and the circumstances shall be explained to the person making the recommendation:

(A) the proposed review of the document is not an administrative normative document;

(B) the proposed review of the administrative normative documents have become invalid or repealed;

(3) The person making the recommendation has already submitted a review suggestion to another organ with review power on the same content in accordance with law;

(4) The proposer's review suggestion on the same content has already been handled;

(5) When the proposer initiates an administrative lawsuit or applies for administrative reconsideration, he submits a review proposal for the administrative normative document;

(6) The effective people's court's judgment documents or administrative reconsideration decision documents have already made a determination of the legality of the administrative normative documents for the review recommendations;

(7) Other circumstances where it is not accepted in accordance with law.

Chapter VI: Supplementary Provisions

Article 58: Where laws and regulations have other provisions on the formulation and supervision and management of administrative normative documents, follow those provisions.

The formulation, supervision and management of the administrative normative documents of the vertical management department shall be implemented, and the relevant departmental rules and state regulations shall be applied.

Article 59: These Measures take effect on January 1, 2024. On May 26, 2016, the Heilongjiang Provincial People's Government promulgated the "Heilongjiang Provincial Normative Document Management Measures" repealed at the same time.

Source: Heilongjiang Government Affairs