Document of Xiagang Sub-district of Huangpu District, Guangzhou City Guangzhou Huangpu Xiagang (Suipuxia) Regulation [2023] No 1

Notice of Xiagang Sub-District of the Huangpu District People's Government of Guangzhou on the Issuance of the Measures of Xiagang Sub-district on the Management of Administrative Regulatory Documents

All departments (divisions), public institutions, and community residents committees of Xiagang Sub-district:

The Measures of Xiagang Sub-district on the Management of Administrative Regulatory Documents is hereby officially issued for implementation.

Xiagang Sub-District of the Huangpu District People's Government of Guangzhou

September 28, 2023 

Appendix 1

Measures of Xiagang Sub-district on the Management of Administrative Regulatory Documents

Sui Pu Xia Gui Zi [2023] No 1

Chapter I General Provisions

Article 1 The Measures are formulated by the Regulations of Guangdong Province on the Management of Administrative Regulatory Documents, Regulations of Guangzhou City on Law-based Administration, Regulations of Guangzhou City on the Management of Administrative Regulatory Documents, Rules of Guangzhou City on the Formulation and Issuance of Administrative Regulatory Documents (Sui Si Fa [2021] No.9) and Measures for the Management of Administrative Regulatory Documents of Guangzhou Economic and Technological Development Zone in Huangpu District, Guangzhou City (Sui Pu Fu [2021] No.1, hereinafter referred to as the Management Measures) and based on Xiagang Sub-district's actual conditions, to strengthen the management of administrative regulatory documents in the sub-district, advance law-based administration, and safeguarding the unity of the legal system. 

Article 2 The "administrative regulatory documents" mentioned in the Measures refer to the official documents formulated and promulgated by Xiagang Sub-district Administrative Office under the People's Government of Huangpu District, Guangzhou City (hereinafter referred to as Xiagang Sub-district) by-laws, regulations, and rules as well as the orders and decisions made by governments of higher levels, based on legal authority and procedures, which involve the rights and obligations of citizens, legal persons, and other organizations, have general binding force, and are consistently applicable in a certain period. 

Article 3 The Measures apply to the formulation, issuance, supervision, management, and other activities related to administrative regulatory documents of Xiagang Sub-district. 

The aforementioned "formulation" includes the drafting, revision, and annulment of administrative regulatory documents. 

Article 4 The matters that are not put under the management of administrative regulatory documents according to the Measures shall be handled by the Management Measures. 

Chapter II Document Drafting

Article 5 Administrative regulatory documents shall be drafted by relevant divisions, groups, and public institutions of Xiagang Sub-district (hereinafter referred to as the departments). All departments are entitled to draft documents on their own, invite capable experts and organizations to participate in the drafting process, or entrust relevant experts and organizations to draft the documents. 

Article 6 The drafting departments shall, based on the realities of Xiagang Sub-district, conduct necessity and feasibility research on the formulation of relevant administrative regulatory documents, and implement surveys and argumentation on what problems to be addressed, what main systems to be established, and what key measures to be formulated by those documents. 

Article 7 The drafting departments shall give a clear opinion on whether the documents they are drafting should be managed as administrative regulatory documents. For those managed as administrative regulatory documents, the drafting departments shall strictly abide by the procedures for the formulation of administrative regulatory documents, and shall not avoid relevant management in any form.

The legislation institutions of Xiagang Sub-district shall guide the formulation procedures of regulatory documents and the legitimacy of involved major issues in the stage of drafting. 

Article 8 The drafting departments shall, based on thorough surveys and argumentation, make plans for the formulation of administrative regulatory documents that are clearly required by the superior authorities and urgently needed in reality and have mature conditions to be formulated, submit relevant plans to the General Office for Party and Administrative Affairs and juridical and administrative departments of Xiagang Sub-district in the first quarter of each year, and advance their implementation as scheduled in an orderly way. 

Article 9 The draft versions of administrative regulatory documents shall be sent to other departments and institutions of Xiagang Sub-district to solicit their opinions and suggestions, which shall give written replies within the designated period. The drafting departments shall coordinate with relevant departments and institutions that give sharply different opinions on the draft administrative regulatory documents, and state relevant coordination and handling information in the drafting explanations. 

Article 10 The formulation of administrative regulatory documents shall solicit public opinions by the Regulations of Guangzhou City on the Management of Administrative Regulatory Documents. 

Article 11 For administrative regulatory documents with high professional and technical requirements or major disagreements or those involving administrative regulatory measures requiring cost-benefit analysis, the drafting departments shall organize experts and professional institutions for consultation and argumentation. 

If Xiagang Sub-district or the drafting departments have regular legal consultants, they shall consult the legal consultants for opinions. 

Chapter III Document Review

Article 12 Before submitting their draft versions to the Xiagang Sub-district Director's Working Conference for deliberation, the drafting departments shall submit the following materials to Xiagang Subdistricts's legislation institutions for legality review: 

(1) Draft versions for review;

(2) Drafting or revision explanations (including the purpose, basis, key contents, coordination of major different opinions, etc. related to the formulation or revision);

(3) Survey and argument reports;

(4) Collections of solicited and accepted opinions (including summary sheets of opinions solicited from relevant institutions of Xiagang Sub-district, summary sheets of opinions solicited from the public, printed screenshots of opinions solicited online; for the formulation of policies related to businesses, summary sheets of opinions solicited from entrepreneur representatives or industry associations and chambers of commerce shall also be provided);

(5) Written legal opinions from regular legal consultants (if any, the legal consultants' signatures or seals are required); 

(6) The Form of Evaluation on System Cleanness and Honesty of Guangzhou Economic and Technological Development Zone in Huangpu District, Guangzhou City (the signature of the evaluator is required); 

(7) Formulation basis and reference documents;

(8) Comparison drafts before and after modification (for revisions only); 

(9) For those involving fair competition, a fair competition review form is required;

(10) Other relevant materials.

If the materials submitted for review fail to meet the aforesaid regulations, the legislation institutions of Xiagang Sub-district are entitled to return them to the drafting departments and ask the latter to complement relevant materials within a designated period; If the materials submitted meet the aforesaid regulations, the legislation institutions of Xiagang Sub-district shall perform legal review and give review opinions. 

Article 13 The legislation institutions of Xiagang Sub-district shall conduct a legality review on the content and formulation procedures of the draft administrative regulatory documents submitted, and shall, in principle, not conduct a feasibility and applicability review. If any problems related to feasibility and applicability are identified in the process, however, the legislation institutions shall give suggestions to the drafting departments. 

In general, the legislation institutions of Xiagang Sub-district shall give review opinions within 15 working days after receiving all necessary materials. 

Article 14 The legislation institutions of Xiagang Sub-district are entitled to require re-drafting of relevant documents or suspending the formulation process if the draft administrative regulatory documents submitted for review are found to meet one of the following conditions: 

(1) Violating the Constitution, laws, regulations, and rules;

(2) Violating the orders and decisions of administrative bodies of higher levels;

(3) Exceeding the legitimate authority and power of the formulating entities; 

(4) Involving administrative permits, punishments, enforcement, expropriations, inspections, and evidence matters that violate relevant laws, as well as other matters that shall be stipulated by laws, regulations, and rules or administrative bodies of higher levels;

(5) The basic conditions for formulating the administrative regulatory documents are immature; 

(6) Relevant departments have highly controversial opinions on the main contents of the draft administrative regulatory documents submitted for review, and the drafting departments don't conduct sufficient consultations with relevant departments and institutions or fail to reach a consensus upon consultations'

(7) Failing to solicit public opinions as required. 

Article 15 If the drafting department degree on the review opinions given by the legislation institutions of Xiagang Sub-district, they may raise a written opposition within 10 working days after receiving the written review opinions to state their reasons and ask the principal leaders of Xiagang Sub-district for further consultation and settlement. 

Article 16 After the draft administrative regulatory documents submitted are reviewed and modified by the legislation institutions of the Xiagang Sub-district in a unified manner, the drafting departments shall submit the modified versions to the Xiagang Sub-district Director's Working Conference for deliberation. If they are adopted after deliberation, Xiagang Sub-district shall submit relevant materials to the juridical and administrative departments of Huangpu District for review by relevant provisions of the Management Measures. 

Chapter IV Miscellaneous Provisions

Article 17 The promulgation, registration, assessment, abolition, supervision, and management of administrative regulatory documents of Xiagang Sub-district shall be implemented by the Management Measures.

Chapter V Supplementary Provisions

Article 18 Other matters not provided herein shall be implemented by relevant provincial, municipal, and district regulations on the management of administrative regulatory documents. 

Article 19 The Measures shall come into force on the date of promulgation and remain valid until September 30, 2026.

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