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Notice of the Ministry of housing and urban rural development on printing and distributing the administrative normative document management measures of the Ministry of housing and urban rural development

All departments and units directly under the Ministry:

The measures for the administration of administrative normative documents of the Ministry of housing and urban rural development, which was deliberated and adopted at the 4th executive meeting of the Ministry of housing and urban rural development on September 19, 2018, is hereby printed and distributed to you for your compliance.


Ministry of housing and urban rural development of the people's Republic of China
September 30, 2018


Administrative normative documents management measures of the Ministry of housing and urban rural development

Article 1 in order to fully implement Xi Jinping's Thought on socialism with Chinese characteristics in the new era and the spirit of the 19th National Congress of the CPC, implement the deployment and requirements of the CPC Central Committee and the State Council on promoting administration according to law and building a government under the rule of law, effectively protect the legitimate rights and interests of the masses and safeguard the credibility of the government, According to the legislative law of the people's Republic of China, the regulations on the procedures for formulating administrative regulations, the regulations on the handling of official documents of Party and government organs and other laws and regulations, as well as the notice of the general office of the State Council on strengthening the formulation, supervision and management of administrative normative documents (GBF [2018] No. 37), and the measures for handling official documents of the Ministry of housing and urban rural development (Jian ban [2017] No. 8), These measures are formulated.

Article 2 the administrative normative documents mentioned in these Measures refer to the official documents formulated and published by the Ministry of housing and urban rural development in accordance with the statutory authority and procedures, involving the rights and obligations of citizens, legal persons and other organizations, with universal binding force and repeated application within a certain period of time.

Article 3 These Measures shall be applicable to the drafting, examination, publication, interpretation, modification and sorting out of administrative normative documents.

Article 4 the quantity and quality of administrative normative documents shall be controlled and the quality shall be improved. Where laws, regulations, rules and superior documents have made clear provisions, and existing documents have been deployed and are still applicable, they shall not be issued repeatedly; It can be issued or not, and those without substantive content will not be issued. If it is really necessary to formulate administrative normative documents, we should pay attention to actual effect, pertinence and operability.

Article 5 if the contents of the administrative normative documents involve the business of several departments and bureaus (including the general office and the party committees of organs, the same below) within the Ministry, they shall be drafted by the Department in charge together with the relevant departments and bureaus.

Article 6 the titles of administrative normative documents generally adopt "measures", "provisions", "rules", "detailed rules", "opinions" and "notices".

Administrative normative documents can be expressed in terms of terms or paragraphs.

Article 7 the system of unified registration, unified numbering and unified printing and distribution shall be implemented for administrative normative documents.

The special name of "Jian x GUI" is used in administrative normative documents, in which "X" is the representative of the Department in charge.

Article 8 the purpose, basis, scope of application, main contents and implementation date of administrative normative documents shall be clearly defined.

Terms with specific meaning or specific scope of application shall be defined in administrative normative documents and their specific exact meanings shall be specified.

Article 9 administrative normative documents shall not set forth the following items:

(1) increase matters of administrative power beyond the provisions of laws and regulations or reduce legal responsibilities;

(2) to set up administrative licensing, administrative punishment, administrative compulsion, administrative levy, administrative charges, administrative inspection and other matters, increase the conditions for handling administrative licensing matters, and stipulate the contents of circular certificates, repeated certificates and unnecessary certificates;

(3) illegally impairing the legitimate rights and interests of citizens, legal persons and other organizations or increasing their obligations, and infringing upon citizens' basic rights such as personal rights, property rights, personality rights, labor rights, rest rights, etc;

(4) matters beyond the scope of authority that should be regulated by the market, self-discipline of enterprises and society, and self-management of citizens;

(5) illegally formulate measures containing the contents of excluding or restricting fair competition, illegally interfere with or affect the normal production and business activities of market entities, and illegally set up market access and exit conditions;

(6) other matters that may not be set by administrative normative documents according to law.

Article 10 administrative normative documents must be prepared and issued in strict accordance with legal procedures. Important administrative normative documents shall be strictly implemented in accordance with the procedures of evaluation and demonstration, public consultation, legality review, collective deliberation and decision, and public release to the public.

Article 11 when drafting administrative normative documents, the leading departments and bureaus shall make good connection with other relevant documents. The relevant documents that need to be repealed shall be explained separately.

Article 12 when drafting administrative normative documents, the leading departments and bureaus shall evaluate the expected effect and possible impact of relevant administrative measures, and shall conduct fair competition examination on the documents in accordance with the provisions. As for the administrative normative documents with strong professional and technical characteristics, the leading departments and bureaus shall organize experts in relevant fields to demonstrate them. The conclusion of evaluation and demonstration shall be clearly stated in the document drafting instructions as an important basis for the preparation and issuance of documents.

Article 13 in addition to those that need to be kept confidential according to law, administrative normative documents involving the vital interests of the masses or having a significant impact on the rights and obligations of citizens, legal persons and other organizations shall be made public for comments. The leading departments and bureaus can publish the draft documents and their explanations and other materials through the portal website of the Ministry, press conferences, newspapers, radio and television, etc., and specify the mode and time limit for putting forward opinions. As for the adjustment of major interests of the masses, the leading departments and bureaus shall conduct in-depth investigation and study, and fully listen to the opinions of all parties, especially the opinions of stakeholders, in the form of symposiums, demonstration meetings and field visits. Establish an opinion communication, consultation and feedback mechanism, and explain the reasons for not adopting relatively concentrated opinions and suggestions when they are published.

Article 14 after completing the drafting of administrative normative documents, the leading departments and bureaus shall submit the draft and drafting instructions of administrative normative documents to the Department of laws and regulations for legitimacy examination. The contents of the drafting instructions shall include the purpose, basis, necessity and feasibility of formulating administrative normative documents and other matters that need to be explained.

Article 15 after receiving the administrative normative documents submitted for examination, the Department of laws and regulations shall organize the legality examination in a timely manner.

The main contents of legitimacy review include:

(1) whether it conforms to the legal duties;

(2) whether it conforms to the provisions of laws, administrative regulations and rules;

(3) whether there are matters that cannot be set by administrative normative documents.

The Department of laws and regulations shall inform the sponsoring Bureau of the examination opinions in writing after the legality examination.

If the administrative normative documents submitted for examination do not meet the requirements of legality examination, the Department of laws and regulations may return the documents to the leading department.

Article 16 administrative normative documents shall not be printed and distributed until they are deliberated by the leading collective of the Ministry. The form of collective deliberation includes the deliberation of the Ministerial Party group meeting and the ministerial executive meeting, and the specific deliberation form is decided by the minister.

Before submitting it to the leading group of the Ministry for deliberation, the leading departments and bureaus shall submit the draft of administrative normative documents that have passed the legitimacy examination to the general office for preliminary examination and approval. The general office shall make preliminary examination on the drafting, evaluation and demonstration, the necessity and feasibility of soliciting opinions and issuing documents, and the coordination, consistency and operability of the major policies and measures proposed.

Article 17 after the draft of administrative normative documents for examination and approval is preliminarily approved by the general office, the leading departments and bureaus shall put forward suggestions on the form of collective deliberation, and submit them to the vice minister in charge and the minister in charge for examination and approval, together with the opinions on legality review, the situation of public consultation, and the report on the evaluation of policy formulation.

If the leaders of the Ministry of housing and urban rural development decide to submit it to the Party group meeting or executive meeting of the Ministry of housing and urban rural development in conjunction with the general office of the Ministry of housing and urban rural development (Jian ban [2017] No. 7) for deliberation.

Article 18 the administrative normative documents that have been deliberated and passed shall be subject to the procedures of examination, approval, printing and distribution in accordance with the measures for handling official documents of the Ministry of housing and urban rural development.  

Article 19 the contents of administrative normative documents are related to the vital interests of the people or are concerned by public opinions, and involve major policy adjustments related to macroeconomic stability and market stability, as well as major issues concerning reform, development and stability in the field of housing and urban and rural construction, In particular, it is necessary to evaluate the possible negative effects or carry out a third-party assessment, and form a written policy evaluation report.

Article 20 before the issuance of administrative normative documents, the leading departments and bureaus shall take the initiative to communicate and consult with the general office to study and formulate policy interpretation and public opinion response plans. Policy interpretation should be published simultaneously with administrative normative documents.

After the administrative normative documents are printed and distributed, the leading departments and bureaus shall, together with the general office, collect, study, judge and respond to relevant public opinions, timely release authoritative information on hot issues of social concern, and correctly guide public opinion.

Article 21 after the administrative normative documents are printed and distributed, the leading departments and bureaus shall, together with the general office, publish to the public in a timely manner through the Ministry's bulletin, the Ministry's portal website, new government media, newspapers, magazines, radio, television, bulletin boards, etc., and shall not be printed and distributed in the form of internal documents for implementation, and the unpublished administrative normative documents shall not be used as the basis for administrative management. The publication of administrative normative documents shall be implemented in accordance with the relevant provisions of the regulations on the disclosure of government information.

Article 22 for administrative normative documents submitted to be printed and distributed in the name of the State Council or the general office of the State Council, when handling the examination and approval of the draft of the documents on behalf of others, the leading departments and bureaus shall, at the same time, report on the legality review, the situation of public consultation (if it should be kept confidential according to law or not, an explanation of the situation shall be attached), the report on the evaluation of policy formulation, and Policy interpretation and public opinion response plan shall be sent to the general office.

Article 23 the interpretation of administrative normative documents shall be drafted by the leading departments and bureaus, and submitted to the vice minister in charge and the minister in charge for examination and approval after being examined for legality.

The interpretation of administrative normative documents has the same effect as administrative normative documents.

Article 24 administrative normative documents shall be cleaned up once every two years. The leading departments and bureaus shall be responsible for the cleaning up of administrative normative documents within the scope of their responsibilities, and the Department of laws and regulations shall be responsible for the organization of the cleaning up of administrative normative documents.

In accordance with the requirements of comprehensively deepening reform, comprehensively ruling the country according to law and the needs of economic and social development, as well as the formulation, modification and abolition of superior laws and documents, the leading departments and bureaus shall timely put forward opinions on the continued validity, modification or abolition of administrative normative documents.

The Department of laws and regulations shall review the proposed cleaning up opinions and then report them to the executive meeting of the Ministry for deliberation.

If problems are found in the implementation of administrative normative documents, the leading departments and bureaus shall timely put forward opinions on revision or abolition.

Article 25 the drafting, examination and issuance of official documents involving major reform matters, major policy adjustments and industry development plans shall be implemented with reference to these measures.

Article 26 these Measures shall come into force on September 30, 2018, and the former measures for the management of normative documents of the Ministry of housing and urban rural development (Jian ban [2017] No. 8) shall be repealed at the same time.

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