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| Notice of the General Office of the State Council on Strengthening the Development and Supervisory Administration of Administrative Regulatory Documents | | 国务院办公厅关于加强行政规范性文件制定和监督管理工作的通知 |
| (No. 37 [2018] of the General Office of the State Council) | | （国办发〔2018〕37号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| Administrative regulatory documents are official documents other than the administrative regulations, decisions, orders, and departmental rules of the State Council and the rules of local governments, developed according to the statutory powers and procedures and publicly issued by administrative agencies and organizations with functions of administering public affairs as authorized by the laws and regulations, (hereinafter collectively referred to as the "administrative agencies"), involving the rights and obligations of citizens, legal persons, and other organizations, with a general binding force, and repeatedly applicable within a certain period of time. The development and issuance of administrative regulatory documents is an important mode for administrative agencies to perform their functions in accordance with the law, directly relates to the vital interests of the people, and is relevant to the image of the government. Over recent years, all regions and all departments have continuously strengthened the development and supervisory administration of administrative regulatory documents and achieved certain results, but the arbitrary issuance of documents and the introduction of "weird" documents have persisted to varying degrees, infringing upon the lawful rights and interests of citizens, legal persons, and other organizations and undermining the credibility of the government. For the purposes of fully implementing Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era and the spirit of the 19th CPC National Congress, carrying out the arrangements and requirements of the CPC Central Committee and the State Council in relation to advancing administration by law and building a government under the rule of law, effectively protecting the lawful rights and interests of the people, and safeguarding the credibility of the government, with the consent of the State Council, you are hereby notified of the work on strengthening the development and supervisory administration of administrative regulatory documents as follows: | | 行政规范性文件是除国务院的行政法规、决定、命令以及部门规章和地方政府规章外，由行政机关或者经法律、法规授权的具有管理公共事务职能的组织（以下统称行政机关）依照法定权限、程序制定并公开发布，涉及公民、法人和其他组织权利义务，具有普遍约束力，在一定期限内反复适用的公文。制发行政规范性文件是行政机关依法履行职能的重要方式，直接关系群众切身利益，事关政府形象。近年来，各地区、各部门不断加强行政规范性文件制定和监督管理工作，取得了一定成效，但乱发文、出台“奇葩”文件的现象还不同程度地存在，侵犯了公民、法人和其他组织的合法权益，损害了政府公信力。为全面贯彻习近平新时代中国特色社会主义思想和党的十九大精神，落实党中央、国务院关于推进依法行政、建设法治政府的部署和要求，切实保障群众合法权益，维护政府公信力，经国务院同意，现就加强行政规范性文件制定和监督管理工作通知如下： |
| I. Strictly conducting administration according to the law and preventing the arbitrary issuance of documents | | 一、严格依法行政，防止乱发文件 |
| 1. Prohibiting the issuance of documents beyond authority. It shall be upheld that statutory duties must be fulfilled, and no action may be taken without legal authority, duties shall be fulfilled in strict accordance with the statutory authority, and it shall be prohibited to develop or issue any administrative regulatory document in the name of a body of an agency. The powers and duties list system shall be strictly implemented. No administrative regulatory document may increase any administrative power matter not provided by the laws and regulations or reduce statutory duties; no administrative regulatory document may establish administrative licensing, administrative punishment, administrative compulsion, or any other matter, or increase conditions for processing any administrative licensing item, or make any requirement for the issuance of circular proof, repeated proof, and meaningless proof; no administrative regulatory document may derogate from the lawful rights and interests of citizens, legal persons, or other organizations or increase the obligations thereof, or infringe upon the basic rights of citizens such as personal rights, property rights, personality rights, labor rights, and rest rights; make a requirement beyond authority for any matter subject to the function of the market, in relation to enterprise and social self-discipline, or with respect to the self-governing of citizens; or illegally effect measures that exclude or restrict fair competition, illegally intervene in or affect the normal production and operation of market participants, or illegally establish market access and withdrawal conditions, among others. | | （一）严禁越权发文。坚持法定职责必须为、法无授权不可为，严格按照法定权限履行职责，严禁以部门内设机构名义制发行政规范性文件。要严格落实权责清单制度，行政规范性文件不得增加法律、法规规定之外的行政权力事项或者减少法定职责；不得设定行政许可、行政处罚、行政强制等事项，增加办理行政许可事项的条件，规定出具循环证明、重复证明、无谓证明的内容；不得违法减损公民、法人和其他组织的合法权益或者增加其义务，侵犯公民人身权、财产权、人格权、劳动权、休息权等基本权利；不得超越职权规定应由市场调节、企业和社会自律、公民自我管理的事项；不得违法制定含有排除或者限制公平竞争内容的措施，违法干预或者影响市场主体正常生产经营活动，违法设置市场准入和退出条件等。 |
| 2. Strictly controlling the number of documents issued. Where any law, regulations, rules, or superior document has made an explicit requirement, and an existing document has made arrangements therefor and remains applicable, no repeated document may be issued; and documents that are similar and susceptible to consolidation shall be consolidated as much as possible, any document that is irrelevant or without substance shall not be issued, and it shall be prohibited to literally copy to forward a superior document or "implement" a document with another. If it is truly necessary to develop an administrative regulatory document, the actual effect shall be sought, attention shall be paid to pertinence and operability, and the words shall be strictly reviewed so as to ensure the precise expression, conciseness, and accuracy of policies and measures. | | （二）严控发文数量。凡法律、法规、规章和上级文件已经作出明确规定的，现行文件已有部署且仍然适用的，不得重复发文；对内容相近、能归并的尽量归并，可发可不发、没有实质性内容的一律不发，严禁照抄照搬照转上级文件、以文件“落实”文件。确需制定行政规范性文件的，要讲求实效，注重针对性和可操作性，并严格文字把关，确保政策措施表述严谨、文字精练、准确无误。 |
| II. Standardizing development and issuance procedures and ensuring legality and validity | | 二、规范制发程序，确保合法有效 |
3. Strictly following development and issuance procedures. Administrative regulatory documents must be developed and issued in strict accordance with statutory procedures, and in respect of important administrative regulatory documents, procedures such as assessment and demonstration, request for public comments, review of legality, collective deliberation and decision, and public issuance shall be strictly followed. The management of development and issuance procedures shall be strengthened, working mechanisms shall be improved, and the work flow shall be refined, so as to ensure that development and issuance are well-regulated and orderly.
．．．．．． | | （三）严格制发程序。行政规范性文件必须严格依照法定程序制发，重要的行政规范性文件要严格执行评估论证、公开征求意见、合法性审核、集体审议决定、向社会公开发布等程序。要加强制发程序管理，健全工作机制，完善工作流程，确保制发工作规范有序。
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