Legal basis: Guiding Opinions of General Office of the State Council on Comprehensively Implementing the Legality Review Mechanism of Administrative Normative Documents.
Article 3 Define the scope of audit. All localities and departments should, in light of the actual work, determine the standards and scope of the legality audit of normative documents from the aspects of formulating subjects, types of official documents and management matters. , the preparation of normative documents directory, clear the types of formal documents of normative documents, and list the categories of regulatory documents management matters. The normative documents concerning the rights and obligations of citizens, legal persons and other organizations will be included in the scope of legality review, ensuring full coverage and ensuring that trials must be conducted. Management norms, work system, organization setting, meeting minutes, work plan, instructions, recognition of rewards and punishments, personnel appointment and dismissal and other documents. The internal implementation of administrative organs is not included in the scope of legal review of normative documents.
Article 4 Determine the audit subject. People's governments at all levels and their departments shall designate departments or institutions (hereinafter referred to as audit institutions) to undertake the legality audit of normative documents. Normative documents issued in the name of the people's government at or above the county level or its office, or those drafted by the working department of the people's government at or above the county level and published in the name of the department after being approved by the people's government at the corresponding level, shall be audited by the auditing organ of the people's government at the corresponding level; If the drafting department has identified a special audit institution, it shall first be audited by the audit institution of the drafting department. Normative documents formulated by the department of the State Council shall be audited by the audit institutions of this department. Normative documents formulated by the working departments of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government and cities divided into districts shall be audited by the audit institutions of the departments, and may also be audited by the audit institutions determined by the people's governments at the corresponding levels according to actual needs. The normative documents formulated by the departments of the people's governments of counties (cities, districts), the people's governments of townships and sub-district offices have been clearly audited by specialized auditing institutions or auditors, and shall be audited by the auditing institutions or auditors of their own units; If the specialized audit institutions or specialized auditors are not specified, the audit institutions determined by the county (city, district) people's governments shall conduct the audit.
Article 5 standardize the audit procedures. All localities and departments should determine the legality audit procedures of normative documents according to the actual situation, clarify the responsibilities and powers of drafting units, formulation organs and audit institutions, and strictly implement the work requirements such as material submission, program convergence and audit time limit. The audit materials submitted by the drafting unit shall include the manuscript of the document and its explanation, the laws, regulations, rules and national policies on which the document is formulated, the solicitation of opinions and the adoption of opinions, the legality audit opinions of the unit, and other materials required for different audit contents. Where the drafting unit directly submits the draft documents and related materials to the office of the enacting organ, the office of the enacting organ shall review the completeness and standardization of the materials. Those that meet the requirements shall be transferred to audit institutions for audit; If it does not meet the requirements, it may be returned, or the drafting unit may be required to supplement the materials or explain the situation within a specified time and then transferred to the audit institution for audit. If the drafting unit directly submits the document manuscript and related materials to the audit institution for audit, the audit institution shall review the completeness and standardization of the materials, and may return them if they do not meet the requirements, or ask the drafting unit to supplement the materials or explain the situation within the specified time. Except for normative documents that need to be formulated and implemented immediately in order to prevent, respond to and handle emergencies, or to implement emergency orders and decisions of higher authorities, the legality review time is generally not less than 5 working days, and the longest is not more than 15 working days.