国家行政机关公文处理办法 Procedures for Handling Official Documents in the Administrative Departments of the Gov
2009-03-24 法律英语 来源:互联网 作者: ℃Article 18.
Matters which fall within the power scope of the principal handling organ shall be directly submitted to the principal handling organ.
Article 19. If the Departments do not reach agreement on a certain issue, any of them can not issue an official document by itself to organs at lower levels. The organ at a higher level shall order to cannel or revoke such an official document.
Article 20. Important official documents issued to organs at lower levels or to interior sections shall have copies reported to the organ at an immediate higher level.
Article 21. An official document “request for instruction” shall only contain one issue. It shall, in general, only have on e principal receiver. If it is necessary to submit to other organs, it shall use copies; however, copies shall not given to organs at lower levels. “A report” can not contain request for instructions”.
Article 22. Except for matters directly handed over by the person-in-charge of the organ at a higher level, an organ shall not, in its own name, submit “request for instructions”, “opinion” and “reports” to the person-in-charge of the organ at a higher level.
Article 23. An organ having two superior organs, when submitting an official document to the two superior organs, shall indicate which is the principal receiver and which is the copy receiver. One of the superior organs, when issuing an official document to an organ having two superior organs, shall, if necessary, give a copy to the other superior organ.
Section 5. Issuing official documents
Article 24. Issuing official documents refers to the procedure by which an organ formulates and issues official documents in its own name. This procedure includes drafting, checking, signing and issuing, re-checking, printing, stamping and distribution, etc.
Article 25. When drafting an official docu
ment, the following rules shall be respected:
(1)drafting in compliance with State laws, regulations and other rules. If new policies or rules are formulated, they shall be feasible and set forth with explanation.
(2)the style shall be definite, clear-cut, precise, carefully structured, well organised, straightforward and concise with standardised wording and correct punctuation.
(3)the type of the official document shall be decided according to the its purpose, the power scope of the issuing organ and the relationship between the issuing organ and the principal receiver.
(4)when drafting an urgent official document, the reason for the urgency shall be indicated and the degree of urgency shall be decided in accordance with the need.
(5)names of persons and places, numbers and quotations shall be correct. When quoting another official document, the heading shall be first quoted, and then its number. Quotation in foreign languages shall have Chinese translation. The date shall include the year, the month and the day.
(6)when indicating structure levels, use Chinese sequence number without brackets for the first level, Chinese sequence number in brackets for the second level, Arabic sequence number without brackets for the third level and Arabic sequence number in brackets for the fourth level.
(7)the State standard measurement units shall be used.
(8)if non-standard simplified names or terms are to be used, the complete names or terms shall first be used and followed by the simplified names or terms. If the name of an international organisation or its abbreviation is to be used, the Chinese translation shall be indicated when use such a name for the first time in the official document.
(9)numbers in the official documents, except the drafting date, some of the numbers indicating structure levels, numbers which constitute words, groups of words and abbreviations, shall use Arabic numbers.
Article 26. When drafting an official document involving matters within the power scope of other Departments, the principal handling Department shall consult with relevant Departments. It shall start drafting only upon agreement by the other relevant Departments. If no agreement can be reached, the person-in-charge of the principal handling Department shall co-ordinate between the relevant Departments. In case no agreement can even be reached after such co-ordination, the principal handling Department can draft the official document by writing the positions of all relevant Departments which shall in turn counter-sign the official document. And document shall be submitted to the organ at a higher level for co-ordination or decision.
Article 27. Before submitting the official document to the person-in-charge for signature and issuing, it shall be checked by the General Office. The main points to be checked are: the need to issue the document, type of the document, conformity with the drafting and handling rules and forms of the document.
Article 28. Documents issued in the name of the organ to an organ at a higher level shall be signed by the principal persons-in-charge or the current person-in-charge. Documents issued in the name of the organ to organs at lower levels shall be signed by the principal persons-in-charge or the persons authorised thereby.
Article 29. Before being printed, the document shall be re-checked by the Secretariat to verify whether the procedure for approval, signing and issuing is complete, whether the annexes are complete and whether the form is unified. If substantive modifications are needed, the procedure shall be repeated.
Section 6. Receiving official documents
Article 30. Receiving official documents refers to the procedure for receiving official documents, including signing for receipt, registration, checking, designating a handler, approval for the designation, handl
ing and pressing for handling etc.
Article 31. After receiving an official document from an organ at a lower level, the secretariat of the organ at a higher level shall check it to see whether it needs to be handled by the organ, whether the drafting rules have been respected, whether the content is accordance with the law and regulations, whether consultation and counter-signing have been made by other Departments, and whether the type and form are correct.
Article 32. If the document passes the checking, the secretariat shall designate a handler to submit the document to the person-in-charge who shall approve or disapprove the designation. In case two handlers are designated, the principal handler shall be named. Handling deadline shall be indicated for urgent documents. If the document does not pass the checking, after approval by the person-in-charge of the General Office, it can be returned to the issuing organ, but the reason for return shall be indicated.
Article 33. The handler shall handle the document in time and without delay. The deadline for urgent document shall be respected. If it is indeed difficult to meet the deadline, explanation shall be made in time. If the document does not fall within the power scope of the handler or it is improper to be handled by it, the handler shall return the document to the secretariat together with explanation for such a return.
Article 34. When receiving a document from an organ at a higher level, the secretariat shall designate a handler and the person-in-charge shall approve or disapprove such a designation.
Article 35. When handling an official document involving matters within the power scope of other Departments, the principal handling Department shall consult with relevant Departments. If no agreement can be reached, the person-in-charge of the principal handling Department shall co-ordinate between the relevant Departments. In case no agreement can even be reached after such co-ordination, the principal handling Department can report it to the organ at a higher level for co-ordination or decision.
Article 36. When approving an official document involving a specific request for instruction, the principal approving person shall give definite instructions and sign his name and indicate the date of approval. Other approving persons may approve or disapprove the instructions of the principal approving person. If the document does not involve a specific request for instruction, the other approving persons may simply acknowledge their receipt.
Article 37. The secretariat shall from time to time press for the in-time handling of official documents.
Section 7. Archiving of official documents
Article 38. After handling an official document, the document shall be filed and archived in accordance with the Law on Archives of the People’s Republic of China.
Any individual shall not retain official documents which shall be archived.
Article 39. The official documents shall be arranged in accordance with their inter-relationship, their characters and archive value. An archive shall be complete and in its entirety so as to reflect the work of the organ and to be used later.
Article 40. An official document which has been jointly handled shall be archived by the principal handler and other handlers can keep copies or photocopies.
Article 41. If the person-in-charge of an organ occupies at the same time a position in another organ, documents he has handled in connection with his position in another organ shall be archived by th
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