(Issued on December 28, 2022 in accordance with Decree No. 195 of the People's Government of Guangzhou Municipality and put into effect on February 1, 2023)

　　Chapter I     General Provisions

　　Article 1     These Rules are formulated in accordance with the Rules of Guangdong Province on the Management of Administrative Normative Documents and other relevant rules, on the basis of the actual conditions of this Municipality and with a view to strengthening the management of administrative normative documents of this Municipality (hereinafter referred to as “normative documents”), maintaining the coherence of the legal system, carrying forward the law-based administration and safeguarding the legal rights and interests of citizens, legal persons and other organizations.

　　Article 2     The term “normative documents” herein refers to official documents (except for government regulations) formulated and released by administrative organs, or organizations authorized by laws and regulations to manage public affairs (hereinafter collectivelyreferred to as “administrative organs”) according to legal authorities and procedures.Such official documents involve the rights and obligations of citizens, legal persons, and other organizations, with general binding force and repeated applicability within a certain period of time.

　　Normative documents are divided into governmental ones and government sectoral ones. The former refers to administrative normative documents formulated by the municipal and district people’s governments (including their general offices) in their own names; the latter refers to administrative normative documents formulated by government sectors that perform administrative functions in their own namesaccording to law, or by organizations authorized by laws and regulations to manage public affairs (hereinafter collectively referred to as “governmental sectors”), including those released in the name of government sectors with the consent of the people’s government at the corresponding level.

　　Article 3These Rules are applicable to the formulation, release and supervision of normative documents of the administrative organs at municipal and district levels in this Municipality.

　　Article 4     The municipal and district people’s governments shall strengthen the leadership and supervision over the management of normative documents.

　　The general offices of the municipal and district people’s governments are responsible for the processing of normative documents of their own organs in accordance with relevant national regulations on official document processing, and the guidance of and supervision over the processing of normative documents by administrative organs at lower levels.

　　The municipal and district government sectors are responsible for the management of their respective normative documents,as well as the drafting, implementation, evaluation and cleanup of government normative documents under the leadership of the people’s governments at the corresponding level.

　　The judicial authoritiesare responsible for the legality review of normative documents of the people’s government at the corresponding level as well as the supervision over normative documents under the leadership of the aforementioned government.

　　The market regulation authorities are responsible for guiding and overseeing the fair competition review of normative documents.

　　The authorities in charge of commerce and government service data management shallcarry out assessment on normative documents’ compliance with trade policies and unified management of release platforms ex officio.

　　Article 5     The judicial authorities shall, in conjunction with the competent authorities at the corresponding level, draft the list of normative document formulators, and submit it to the people’s government at the corresponding level for final determination.

　　The list of normative document formulators shall be released to the public by the municipal and district people’s governments, and shall be dynamically adjusted in accordance with laws and regulationsor on the basis ofany changes in organizational structures.

　　Article 6     The formulation of normative documents shall comply with the provisions of the Constitution, laws, regulations and rules, and shall not violate the decisions or orders of higher-level administrative organsor exceed the scope of statutory authority of thecurrent administrative organ itself.

　　In case of no basis of laws, regulations, or decisions and orders of the State Council, normative documents shall not diminish the legal rights and interests of citizens, legal persons and other organizations or increase their obligationsor increase the power of administrative organs or decrease their statutory duties.

　　Article 7     The formulation of normative documents shall not involve any of the following situations:

　　(1)Set such items as administrative penalties, administrative licenses, administrative enforcement, administrative expropriation, administrative inspections, administrative filing, administrative charges and administrative certifications;

　　(2)Make provisions, beyond the scope of authority, on matters that shall be subject to regulation by the market, self-discipline by enterprises and the public, and self-management by citizens;

　　(3)Illegally includeany content that excludes or restricts fair competition, interferes with or affects the normal production and operation activities of market entities, and sets market access or exit conditions;

　　(4)Set other matters that shall be stipulated by laws, regulations, rules, or higher-level administrative organs.

　　Article 8     For the formulation of normative documents pertaining to the construction and development of the Guangdong-Hong Kong-Macao Greater Bay Area, efforts shall be made to strengthen collaborative driving with relevant cities in the Greater BayArea, promote coordination within the government service system, and achieve rule convergence and mechanism docking in terms of optimization of the business environment, improvement of the quality of public services and enhancement of social management.

　　Chapter II   Drafting

　　Article 9     Normative documents shall be drafted by the government sectorsresponsible for their implementation; if multiple implementation sectors are involved, the main implementation sector shall take the lead in drafting the normative document. Where there is a dispute over the implementation sector or the main implementation sector, it shall be designated by the people’s governmentat the corresponding level.

　　The drafter may consult with relevant implementation sectors to assist in drafting normative documents.

　　The drafter may invite experts in relevant fields to participate in the drafting work, or entrust experts, research institutions and social organizations in relevant fields to draft the administrative document.

　　Article 10   The drafting of normative documents shall meet the following requirements:

　　(1)Emphasize document quality, conform to the principles of rigorous logic, standardized language, simplification, concise and accurate expression, and observe the rules onhandling official documents of administrative organs and the technical specifications for drafting normative documents;

　　(2)Strictly control the quantity of normative documents by consolidating similar contentsand topics first;

　　(3)Strictly control the specifications. If the normative document formulated by the government sectoralone or in combination with other government sectorscan meet the needs of fulfilling its duties, the government sector shall formulate the normative document on its own or in combination with other government sectors,and shall not apply to the municipal or district people’s government or their general offices for formulation or forwarding of normative documents.

　　Article 11   The drafter shall provide clear opinions on whether the proposed documentshall be included in the management of normative documents. For those included in the management of normative documents, the drafter shall strictly follow the procedures for formulating normative documents and shall not evade such procedures in any form.

　　The administrative organization for legal work in government sectors (hereinafter referred to as the “legal work organization”) shall provide guidance on the procedures for formulating normative documents and the legality of major issues during the drafting stage.

　　Article 12   The drafter shall conduct in-depth investigation and research on the current management situation and problems to be solved in the fields involved in the normative document, demonstrate the necessity, feasibility, legality, rationality and other aspects of formulating the normative document, and evaluate the expected effects and impacts of the proposed administrative measures. The demonstration and evaluation processes and conclusion shall be stated in the drafting instructions.

　　When drafting government normative documents and drafting government sectoral normative documents with extensive professional, technological and innovative contents, the drafter shall organize experts in relevant fields to conduct demonstration. The drafter shall regard the expert opinions and suggestions as important references, and shall explain the reasons for rejecting the adoption of these opinions and suggestions.

　　Article 13   Where a normative document involves the functions and duties of other administrative organs or has close relationships with other administrative organs, the drafter shall ask advice of allof such relevant organs.

　　In case of any divergence, the drafter shall take the initiative to coordinate the resolution of such divergence. If it is difficult to reach a consensus, the drafter shall list the opinions of all parties concerned, propose clear handling suggestions and reasons, and submit them to the competent authority for decision.

　　Article 14   The drafter shall collect public opinions through government service websites, new government service media, or news media accessible to the public, and specify the method and deadline for submitting opinions. The period for collecting public opinions shall not be less than 7 working days, unless otherwise provided for in laws, regulations or rules.

　　For normative documents that are deemed to be industry plans or policies involving the activities of market entities or are closely related to the production and operation activities of market entities, the drafter shall adopt such forms as field research, symposiums, demonstration meetings and hearings to fully listen to and reasonably adopt the opinions and suggestions of market entities, industry associations and chambers of commerce.

　　Before the collection of public opinions, the drafter shall submit the draft version proposed for collecting opinions to the legal work organization for review and consent.

　　Article 15   With regard to the opinions and suggestions put forward by citizens, legal persons or other organizations, the drafter shall study carefully and fully adopt such opinions and suggestions.

　　The drafter shall provide to the public timely feedback on the adoption/refusal of these opinions through appropriate means such as telephone, written form or Internet. For relatively concentrated opinions and suggestions that are not adopted, reasons shall be explained at the time of publication.

　　Article 16   The drafter shall conduct fair competition review as required. If the drafter deems that the normative document does not involve the economic activities of market entities, such a fact shall be stated in the drafting instructions.

　　Fora normative document of the municipal government that involves the economic activities of market entities, the drafter shall submit it to the municipal market regulation authority for fair competition review and re-examination.

　　This Municipality encourages, if feasible,some districts to establish independent fair competition review mechanisms and implement centralized fair competition review before the release of relevant normative documents.

　　Article 17   When drafting government normative documents,orgovernment sectoral normative documents subject to approval by the people’s governments at the corresponding level, the drafter shall conduct risk assessment and prepare a risk assessment report, specifying risk points and presenting risk control measures and emergency plans. For other government sectoral normative documents, the drafter shall conduct risk assessments as required and needed.

　　Where other procedures such as hearings and trade policy compliance assessments are required according to relevant provisions, such provisions shall be followed.

　　Chapter III        Review and Examination

　　Article 18   A normative document shall be subject to legality review by the legal work organization of the government sector, and the draft version shall be formed after being deliberated and approved at the government sector’s office meeting.

　　Government normative documents shall be submitted to the judicial authorityat the corresponding level for review before being submitted to the people’s government for review. Government sectoral normative documents shall be submitted to the judicial authorityat the corresponding level for review before publication.

　　Article 19Legality review (examination)shall not be replaced by such means as collecting opinions, countersignature anddeliberation at office meetings. No organization or individual may make biased requests toany legal work organization or judicial authority for review (examination). The legal work organizations and judicial authoritiesshall be held accountable for the opinions on legality review (examination).

　　The drafter shall establish a mature legality review system for normative documents drafted by itself in accordance with the law, standardize the review proceduresand specify the responsibilities for document review. The heads of administrative organs shall strengthen their leadership in the construction of the legality review mechanism for normative documents, listen to reports on the legality review work and study and solve important problems encountered in the work in a timely way.

　　Article 20   The normative documents and materials submitted by the drafter to the judicial authority for review (examination) shall be signed by the head of the drafting authority.

　　When submitting a normative document for review, the following materials shall be submitted as well in a complete and standardized way:

　　(1)A letter requesting review (examination);

　　(2)Draft version of the normative document, explanatory notes, and drafting instructions;

　　(3)Materials concerning solicitation of opinions and their adoption/refusal status;

　　(4)The legality review comments and adoption status of legal work organizations;

　　(5)Minutes of the department sector’s office meetings;

　　(6)Text stating the basis for formulating the normative document;

　　(7)Policy interpretation materials;

　　(8)An evaluation report on the implementation of revised or abolished document in case of revision or abolition of the normative document;

　　(9)Materials concerning the implementation of the procedures stipulated in Articles 12, 16 and 17hereof and other required materials.

　　Article 21   In any of the following situations, the judicial authority may require the drafter to supplement materials within the prescribed time, make corresponding explanations or return the submitted materials:

　　(1)The materials are not submitted in a complete and standardized way as required;

　　(2)The content of the document involves the functions and powers of other organs but fails to solicited their opinions;

　　(3)For the divergencein opinions,no efforts are made to coordinate the divergence, or there are still significant divergence after coordination;

　　(4)The administrative normative document submitted for review cannotbe deemed as a normative document;

　　(5)Legality issues are prominent or the prescribed procedures have not been followed;

　　(6)The important concepts and core systems of the draft version of the normative document are not clearly stated, withachaotic logic that seriously affects understanding.

　　Article 22   The judicial authority shall complete the review (examination) within 15 working days from the date of receiving all the materials submitted for review. Except for situations where it is necessary to immediately formulate and implement normative documents for the sake of preventing and responding to emergencies or executing emergency orders and decisions of higher-level administrative organs, the legality review (examination) will generally be completed bythe judicial authoritywithin at least 5 working days.

　　Legality review focuses on the legality of the drafter, drafting authority, procedures, and content. In case of obvious issues in aspects of rationality, coordination and standardization, the judicial authoritymay provide suggestions.

　　Article 23   The judicial authoritymay handle the draft version of the normative document submitted for review as follows:

　　(1)Where the draft version is in line with the provisions of Articles 6 and 7 hereof,the judicial authoritymaypresent opinions on review (examination) and approval;

　　(2)Where the draft version contradicts with the provisions of Articles 6 and 7 hereof, there is a significant dispute regarding the main content of the draft version between the relevant authorities or other situations, the judicial authoritymaypresent opinions on illegal contents requiring modification and return the draft version to the drafter.

　　If there are legality issues with the draft version, and the judicial authority deems that there are other processing methods that meet the requirements of laws, regulations, rules or national/provincial/municipal policies, it may make suggestions in the review (examination) opinions for the formulation organ’s decision.

　　If the content of the normative document involves exploratory reform decision-making matters, and there are no clear provisions in laws, regulations, rules and national/provincial/municipal policies, the judicial authority may specify legal risks in the review (examination) opinions for the formulation organ’s decision.

　　Article 24The drafter shall make modifications, supplements, or other handling to the normative document based on the legality review (examination)opinions of the judicial authority. The handling resultsshall be submitted to the legal work organization for review and approval.

　　If there are any objections to the examination opinions, the drafter may raise an objection along with the reasons within 10 working days from the date of receiving the examination opinions, and submit consultation opinions to the judicial authority in writing or apply to the people’s government at the corresponding level for re-examination.

　　Article 25   Government normative documents and government sectoral normative documents subjectto the people’s government at the corresponding level for approval may not be submitted to the people’s government for deliberation or approval if they have not been subject to legality review (examination) by the judicial authority or have been deemed as illegal upon review (examination).

　　When submitting the normative documents to thepeople’s government for deliberation or approval, the drafter shall submit the legality review (examination) opinions and adoption/refusal status released by the judicial authority as well; for those who have not fully adopted the review (examination) opinions of the judicial authority under special circumstances, reasons and basis shall be specified.

　　Article 26   Government normative documents,after being reviewed and approved by the general offices of the people’s governments in accordance with relevant regulations on the handling of official documents, will be submitted for deliberation and approval at the executive meeting or plenary session of the people’s government.

　　The legality review comments and adoption/refusal of the judicial authorityshall be included in the materials submitted for deliberation at the executive meeting or plenary session of the people’s government.

　　Chapter IV  Release

　　Article 27Government normative documents shall be released by the head of the people’s government.

　　Government sectoral normative documents shall be released by the head of the government sector, or be jointly released by the heads of all government sectors if jointly formulated by two or more government sectors.

　　Article 28The municipal judicial authority shall, in conjunction with the municipal government service data management department, establish a unified city-wide platform for the publication of normative documents on the government portal website. All normative documents of this Municipality shall be published online on the unified publication platform. If feasible, the formulation organshall simultaneously publish the normative document or release news on both government new media and news media.

　　The Gazette of People’s Government of Guangzhou Municipality is the paper media for publication of normative documents released by the People’s Government of Guangzhou Municipality and its sectors, and the normative document text it publishes is deemed as the standard text. The paper media for publication of normative documents of the district people’s government and itssectors shall be determined by the district people’s government.

　　Normative documents shall be registered, numbered, and published in a uniform manner in accordance with the management provisions on official documents and their unified publication platforms.

　　Article 29Normative documents will generally come into force 30 days after the date of publication, except where failure to immediately implement them at the time of publication will hinder their implementation or otherwise provided for in laws, regulations, and rules.

　　Normative documents are not retroactive, except for special provisions made to better safeguard the rights and interests of citizens, legal personsand other organizations.

　　Article 30   Normative documents shall generally specify their validity period. The validity period of normative documents shall not exceed 5 years, and interim and trial versions shall not exceed 3 years. When the validity period expires and the renewal of terms is not done according to regulations, the normative documents will automatically become invalid.

　　For the normative document specifically designed to abolish the existing normative documents, an expiration date shall not be set.

　　Article 31    ThisMunicipality encourages administrative organs to provide multilingual translations when publishing normative documents, and continuously improve the internationalization level of government transparency.

　　Article 32   The interpretation of a normative document shall be vested in the formulation organ of the normative document.

　　The interpretation procedure of normative documents shall be executed in reference to theirformulation procedures.

　　The interpretation of normative documents that have been approved and published in accordance with the law shall have the same legal effect as the normative document.

　　Chapter V   Evaluation, Cleaning, Modification and Abolition

　　Article 33   Government normative documents shall be evaluated by the implementation government sector; if involving multiple implementation sectors, the main implementation sector shall take the lead in organizing the evaluation. Government sectoral normative document shall be evaluated by the formulation organ. The evaluation of normative documents may be entrusted to such third parties as professional institutions and social organizations.

　　After the implementation of a normative document, an evaluation shall be organized in a timely way in any of the following cases:

　　(1)At the time of six months before the expiration of the validity period of a government sectoral normative document;

　　(2)At the time of one year before the expiration of the validity period of a government normative document and a government sectoral normative document with significant difficulties;

　　(3)There are concentrated opinions proposed by citizens, legal persons, or other organizations, indicating there may be issues in aspects of legality, rationality, etc.;

　　(4)There are opinions or suggestions presented by the Standing Committee of the People’s Congress, judicial authorities, administrative reconsideration organs, higher-level administrative organs and other units in accordance with the law;

　　(5)Other situations that require evaluation by the State, Guangdong Province, or this Municipality.

　　Article 34   When evaluating a normative document, a comprehensive analysis shall be conducted on the legality, rationality, coordination, operability and implementation effects of its content, and a report shall be formed accordingly as an important reference for the revision, abolition or continued implementation of the normative document.

　　Upon evaluation, if it is needed to continue the implementation or make amendments when the validity period expires, relevant procedures shall be promptly initiated to ensure the continuity of the administrative management system.

　　In case of the situation under Item (4),Paragraph 2, Article 33 hereof, the evaluation authority shall provide feedback to the relevant submitter on the evaluation and handling of the normative document.

　　Article 35   Government normative documents shall be cleaned up by the implementationgovernment sectors; if involving multiple implementation sectors, the main implementation sector shall take the lead in organizing the cleanup. Government sectoral normative documents shall be cleaned up by the formulation organ.

　　For any of the following normative documents, cleanup shall be performedin a timely way:

　　(1)The implementation of new laws, regulations and rules that require cleanup;

　　(2)The laws, regulations, rules or superior policy documents that the normative document is based on have been modified, abolished or declared invalid, resulting in the original provisions’ incompatibility with these laws, regulations, rules or superior policy documents;

　　(3)Other situations that require cleanup by the State, Guangdong Province or this Municipality.

　　The cleanup shall follow the principles of combining daily cleanup with regular cleanup, and combining special cleanup with comprehensive cleanup.

　　State organs, people’s organizations, citizens, legal persons or other organizations may submit written proposals for the cleanup of normative documents to the formulation organ and the implementation government sectors.

　　Article 36   Normative documents within their validity period may be modified or abolished in accordance with laws, regulations, rules and relevant policies and on the basis of the changes of actual circumstances.

　　The procedures for modifying normative documents shall be executed in accordance with their formulation procedures.

　　For the abolition of normative documents, the procedures stipulated in Chapters III and IVhereof shall be followed, and the procedures stipulated in Articles 12 to 17 hereof may be appropriately simplified as appropriate, except as otherwise provided for in laws, regulations or rules.

　　Chapter VI  Supervision

　　Article 37   The judicial authority may provide guidance and evaluation opinions on the implementation of normative document formulation procedures and legality review by government sectors at the corresponding level and lower level governments.

　　Article 38   The judicial authority is responsible for supervising and inspecting the formulation and management of normative documents by the government sectors at the corresponding level and lower level governments, and establishing a system for reporting the management of normative documents.

　　For government sectors at the corresponding level and lower level governments that arelow efficient and weak in solving problems encountered during the formulation and management of normative documents, the judicial authority may hold regulatory talks with the responsible persons to provide guidance by taking individual case as an example, or directly order them to make rectification and circulate a notice of criticism.

　　Article 39   Where any citizen, legal person or other organization deems that the content of current normative document violates the provisions of Articles 6 and 7 hereof, he/she/it may present review suggestions and explain the reasons to the formulation organ or the judicial authority responsible for supervision. The formulation organ or judicial authority shall, within 30 working days, notify the citizen, legal person or other organization proposing review suggestions in writing of the handling results.

　　Where any citizen, legal person or other organization deems that there are issues in terms of the rationality and normativity of the current normative document,he/she/it may propose modification suggestions and explain the reasons to the formulation organ. The formulation organ shall conduct careful research and reply to the citizen, legal person or other organization proposing modification suggestions in accordance with relevant provisions.

　　Article 40   For any municipal or district government sectorthat fails to adopt or fully adopt the legality review comments of the judicial authority, thereby causing damage to the legal rights and interests of citizens, legal persons or other organizations or causing other serious consequences, the relevant responsible personnel shall be held accountable in accordance with the law.

　　Article 41   Government normative documents shall be submitted to the higher-level people’s government and the Standing Committee of the People’s Congress at the corresponding level for filing within 30 days from the date of publication. The relevant provisions in the Regulations of the Standing Committee of the People’s Congress at All Levels in Guangdong Province on the Filing and Examination of Normative Documents and the Rulesof Guangdong Province on the Management of Administrative Normative Documents shall be followed.

　　Chapter VII Supplementary Provisions

　　Article 42   Normative documents of the administrative committees of specific areas such as pilot free trade zones, economic development zones and economic functional zones established with the approval of the State, the provincial and municipal people’s governments shall be formulated in reference to the procedures for formulating government normative documents. The legal work organizations are responsible for the legality review of these normative documents and shall submit them to the competent people’s government for filing within 30 days after their publication.

　　The management of normative documents of the town people’s government and sub-district offices shall be separately stipulated by the district people’s government in accordance with these Rules.

　　Article 43   These Rules shall come into force on February 1, 2023. The Rules of Guangzhou Municipality on the Management of Administrative Normative Documents (No. 11 Decree of the People’s Government of Guangzhou Municipality) released by the People’s Government of Guangzhou Municipality on December 27, 2003 shall be abolished accordingly.