The reference opinions on the identification of administrative normative documents are hereby printed and distributed to you, please follow them. Please combine the actual work to further strengthen the identification, review and filing of administrative normative documents.
Meishan health he family planning Committee
2065438+5 March 2008
Reference opinions on the identification of administrative normative documents
In order to further strengthen the supervision and management of the administrative normative documents of the municipal health and family planning system (hereinafter referred to as normative documents), according to the Provisions on the Formulation and Filing of Administrative Normative Documents in Sichuan Province (DecreeNo. 102 of the provincial government). 188- 1, hereinafter referred to as the "regulations"), combined with the actual work, put forward the following reference opinions on the identification of normative documents.
I. Definition of normative documents
Article 2 of the Regulations clarifies the definition of normative documents: "The administrative normative documents mentioned in these Provisions refer to administrative documents with universal binding force that are formulated by administrative organs at all levels in this province with the function of managing public affairs according to statutory authority and in accordance with prescribed procedures, except for rules and regulations, involving the rights or obligations of citizens, legal persons or other organizations, and are publicly released and repeatedly applied."
Second, the main points that need to be grasped in identifying normative documents
(1) Formulation entity. Normative documents shall be formulated by administrative organs at all levels with legal authority and organizations authorized by laws, regulations and rules to manage public affairs (hereinafter referred to as the formulation organs). The internal organs and agencies of the temporary institutions, deliberation and coordination institutions and working departments established by the people's governments at all levels shall not formulate normative documents.
(2) Formulating the basis. The formulation organ shall, in accordance with the statutory authority or the provisions of laws, regulations, rules and superior normative documents, formulate normative documents for the implementation of administrative management. The formulation of normative documents must make specific provisions within the scope stipulated by laws, regulations, rules and superior normative documents, and shall not conflict with laws, regulations, rules and superior normative documents. Normative documents shall not set administrative licensing, administrative punishment, administrative coercion and other matters, and shall not derogate from the legitimate rights and interests of citizens, legal persons and other organizations or increase their obligations.
(3) Develop procedures. Normative documents shall be formulated in accordance with the "Regulations", "Regulations on Major Administrative Decision-making Procedures in Sichuan Province" and "Regulations on Examination of the Legality of Administrative Decision-making in Sichuan Province" and other relevant requirements. On the basis of studying its necessity and feasibility, demonstrating the content to be solved, the main system to be established or the main measures to be stipulated, solicit opinions extensively. The legal institution of the formulation organ shall conduct a legality review and make a collective discussion and decision through departmental leadership meetings.
(4) Adjust the object. It is appropriate to know whether the object of document adjustment belongs to citizens, legal persons or other organizations other than organs, institutions and their subordinate personnel. The adjustment object does not refer to the main sending organ of normative documents, but refers to the objects involved in the management content of normative documents.
(5) adjust the content. First, make direct prohibition, permission, coercion and profit-making provisions for citizens, legal persons or other organizations. The second is to stipulate the tasks, procedures and methods of the organs, but the results of the implementation process will affect the rights and obligations of citizens, legal persons or other organizations.
(6) the validity of the document. We should grasp it from two aspects: "repeated application" and "universal binding force" "Repeated application" refers to the provisions made in the document, which can be applied to similar matters many times within the validity period; "Universal binding force" means that the contents of normative documents are applicable to unspecified citizens, legal persons and other organizations.
(7) Public release. Normative documents shall, in accordance with the statutory requirements and procedures, be published to the public through government bulletins, government websites, news media and other relatively fixed and easy-to-obtain ways to let the public know. Unpublished documents shall not be used as the basis for administrative management. The information disclosure option of normative documents must be "voluntary disclosure" and shall not be published in the form of "no disclosure" or "disclosure upon application".
Three, the following documents are not normative documents
(a) the main responsibilities of the department, the provisions of the internal organs and staffing (the "three provisions") and the adjustment of the responsibilities of the internal organs.
(two) internal management system documents, such as work rules, labor discipline, personnel appointment and dismissal, recognition and reward, financial material management, clean government construction and other documents.
(three) documents on the supervision and management of personnel, wages, performance and welfare of organs, institutions and their staff, state-owned enterprises and their leaders.
(four) the work plan, scheme, arrangement, main points, assessment, supervision and inspection, summary, summary and other documents that do not involve the rights and obligations of citizens, legal persons or other organizations.
(5) Meeting documents, including meeting notices, meeting minutes and speech materials.
(six) to ask for instructions or report to the higher authorities.
(seven) consultation work letters, including coordination, inquiry and answer questions between organs.
(eight) notice of the establishment of the work leading group and the deliberation and coordination mechanism.
(9) Notices, circulars and replies to specific persons and matters, or specific administrative law enforcement decisions and administrative reconsideration decisions such as administrative license, administrative penalty and administrative compulsion.
(10) land acquisition compensation and resettlement plan.
(eleven) all kinds of emergency plans.
(twelve) industry technical standards and technical operation procedures.
(thirteen) the convenience of opening the time and place of work and other documents.
(fourteen) the financial department only stipulates the format text, statements, accounting standards, accounting systems and other technical matters, as well as the documents issued by the budget, the allocation of funds and the approval of the project.
(fifteen) documents formulated by the state-owned assets supervision and administration institution to perform the responsibilities of the investor.
(sixteen) the contents of the document are universally binding and can be applied repeatedly, but the rights and obligations between the administrative subject and other subjects involved in the document are not based on administrative relations.
(17) confidential documents.
(eighteen) other documents that do not meet the requirements of Article 2 of the Regulations.
Four, pay attention to identify the following documents
(a) the original normative documents forwarded by the higher authorities do not belong to the normative documents forwarded by this organ; But at the same time, it puts forward specific implementation measures or supplementary opinions, which involve the rights and obligations of unspecified citizens, legal persons or other organizations, and belong to the normative documents of the forwarding organ.
(two) the provisions of the administrative organs on the refinement and quantification of administrative powers such as administrative licensing and administrative punishment with discretionary space are normative documents.
(three) the work plan or implementation plan formulated to carry out the requirements of superiors, carry out special actions and complete specific tasks. , not a normative document; However, if the contents of such programs involve unclear rights and obligations of citizens, legal persons and other organizations, they are normative documents.
(four) the Guiding Opinions are not normative documents in principle, but the contents of the documents involve management authority or administrative measures and affect the rights and obligations of citizens, legal persons or other organizations.
Verb (abbreviation of verb) Other problems needing attention
(1) Normative documents jointly formulated by the Party Committee and the government and those jointly formulated by the Party's Commission for Discipline Inspection, Party Committee departments and government departments are normative documents within the Party and shall be managed in accordance with the relevant provisions of the normative documents within the Party.
(two) the types and titles of documents are generally not used as the standard for identifying normative documents. However, in practice, decisions, announcements, notices, opinions, notices and other languages are often used in normative documents among the fifteen types of official documents stipulated in the Regulations on the Handling of Official Documents of Party and Government Organs. Titles are usually articles, measures, detailed rules, opinions and notices, and individual titles are announcements, plans, norms, regulations, detailed rules, systems and guidelines.
(3) If the contents of documents formulated in the form of "meeting minutes", "reply" and "letter" involve the rights and obligations of unspecified citizens, legal persons or other organizations and need to be used as the basis for administrative management, normative documents shall be formulated in time and released to the public.