Guangxi Zhuang Autonomous Region, Major Administrative Decision-Making Procedures

Original Language Title: 广西壮族自治区重大行政决策程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399416.shtml

Guangxi Zhuang Autonomous Region, major administrative decision-making procedures

    (October 30, 2013 consideration at the 12th session of the people's Government of Guangxi Zhuang Autonomous Region at the 17th Executive meeting November 28, 2013, the people's Government of Guangxi Zhuang Autonomous Region announced come into force on January 1, 2014, 93rd) Chapter I General provisions

    First in order to regulate the major administrative decisions, administrative decision Science, democratic, legitimate, improving the quality of administrative decision-making, in accordance with the relevant provisions, combined with this practice, these provisions are formulated.

    Second autonomous region Governments at all levels and their departments in accordance with statutory terms of reference, on the relationship between economic and social development, social covers a wide range, and make decisions on major issues closely related to vital interests of the people governed by these provisions.

    Article people's Governments and their departments at all levels should adhere to the scientific decision-making, democratic decision-making, in accordance with decisions, public participation, expert combination of executive decisions and the decision-making mechanism, improving decision rule.

Article fourth major administrative decisions of the Government include:

(A) the proposed draft local laws, government regulations and important normative documents;

(B) the significant policy reform, opening and development of macro-control measures;

(C) the development of resource development, environmental protection, ecological construction, disaster prevention and mitigation, employment, social security, family planning, safety, food security, education, health, housing, traffic management, restructuring State-owned enterprises and other major policies involving the vital interests of the people;

(D) develop or adjust various important regional planning and overall planning, special planning;

(E) drawing up its draft budget and final accounts, wholesale funding arrangements;

(F) study of major investment projects of the Government, major matters regarding the disposal of State-owned assets;

(VII) develop or adjust the important administrative and institutional charges and Government pricing of key commodities and service prices;

(VIII) develop or adjust the emergency response plan for major public emergencies;

(I) the administrative change;

(10) for the major issues of private facts;

    (11) other significant matters required by the Government.

    Fifth major administrative decisions of government departments by Department according to areas of major administrative decisions of the Government Department functions to determine and report the people's Governments at the corresponding level.

    Sixth major administrative decisions of government departments related to the public interest, a high degree of social concern or is related to economic and social development of shall first consult the people's Governments at the corresponding level.

    Article seventh major administrative decisions, basis and the results should be achieved through the Government Web portal, Official Gazette, the press and other means in accordance with the public.

Eighth major administrative decisions should be subject to the following procedures:

(A) policy research;

(B) the consultation demonstrated;

(C) public participation;

(Iv) risk assessment;

(E) review of legality;

(Vi) decided collectively; (G) to publish the results.

    Laws, rules and regulations provide otherwise on the decision-making process prevail.

    Before Nineth Government's decision is adopted should be reported to the level people's Congress.

    Chapter II decision-making research Investigation on the tenth before the major administrative decisions should be carried out, information necessary for comprehensive, accurate decision-making.

    Highly specialized decision-making matters, commissioned research, professional service organizations or other organizations.

11th the main content of the decision research:

(A) status decision matters;

(B) decisions the necessity;

(C) feasibility decision matters;

(D) the decision according to the laws and policies in respect of matters;

    (E) other contents that require research. 12th decision research, decision making should be developed.

    Needs more comparative research programme or consultation matters of disagreement, should develop more than two decision options.

    Chapter consultation demonstration

    13th major highly specialized administrative decision should organize experts to demonstrate or to seek expert advice.

    14th administrative authorities should improve the information and intellectual support system, you can employ several experts provide year-round consultation. 15th expert advice demonstrates the use of consultation, feasibility study meeting or by written consultation methods, and the written opinion.

    Convene an expert consultation, feasibility study meeting, the Executive Director shall attend hearings.

    Article 16th expert consultation, feasibility study meeting conclusions and expert advice should serve as a reference for decision making of the Executive. 17th major administrative decisions involve the relevant administrative authority, it should also seek the views of relevant administrative organs. Relevant executive authorities shall organize relevant personnel to seriously study, clear advice and feedback in a timely manner.

    Principled differences of views between the executive authorities and coordination process should be carried out.

    Fourth chapter of public participation 18th major administrative decision-making on matters affecting the people's interests, should be open for comments.

    Public comments can be taken public, surveys, seminars, hearings and other means.

    Article 19th major matters of administrative decision-making through local newspapers, radio and television, Government Portal, open the columns and other forms of publicity, can also display models, photographs, slides, video and other form of publicity.

20th major administrative decisions publication includes:

(A) the decision;

(B) the basis, reason, and description;

(C) feedback, time;

    (D) should be publicized more.

Article 21st of the major administrative decisions in any of the following circumstances, shall hold a hearing:

(A) involve vital interests of the people;

(B) that may affect social stability;

(C) public decisions have major differences;

    (D) the laws, rules and regulations should be hearing.

22nd the administrative organ shall be announced at the hearing held before 10th of the following:

(A) the time and place of the hearing;

(B) the proposed content, reason, according to to make executive decisions and background information;

    (C) apply for the time and manner of the hearing. Article 23rd and have a stake in hearing matters of citizens, legal persons and other organizations, can apply to attend the hearing. Administrative organs shall be determined according to the nature of the hearing, the hearing notice of conditions, acceptance of the application in the order and proportion of dissenting personnel, rationally determine the participants in the hearing.

Administrative organs may, as required, invite the relevant professionals, experts and scholars Attending the hearing.

    More in applications for attending the hearing, the administrative organ shall randomly select participants.

    24th hearing shall be held in public, and allowed to sit in on news and media coverage.

25th hearing should be conducted in accordance with the following procedure:

(A) the hearing to record the identification of participants in the hearing, declare the hearing disciplines;

(B) the hearing officer announced the commencement of hearings, introduced participants in the hearing, declare the hearing procedures;

(C) the decision to host staff statement;

(D) the participants in the hearing to express their views;

(V) around the hearing to cross-examine and debate;

    (F) hearing closing statements. Article 26th hearing, shall make a record of hearing, signed and submitted to participants in the hearing.

    Hearing authority shall, according to hearing transcripts produced hearing reports and hearing reports as an important reference for decision-making.

    27th administrative organ shall label the public opinions, proposed to adopt or not to adopt the views and explain the reasons.

    The fifth chapter risk assessment 28th major administrative decision-making on matters relating to economic and social development and the immediate interests of the people, social stability risk assessment should be carried out.

    Establish sector demonstration, expert advice, public participation, a combination of professional agency evaluation risk assessment work.

Article 29th risk assessment should be carried out in accordance with the following procedure: (A) development of evaluation work programme.

Clearly the objective of evaluation objects and content, evaluation criteria, assessment procedures and methods. (B) the full hearings.

Tracking, sampling of public opinion, key visited and held seminars, public hearings and other means, fully hear the views of stakeholders and the general public. (C) comprehensive analysis.

Related information collected by relevant departments and experts to conduct research on comprehensive analysis and synthesis of scientific prediction, decision of the various risk analysis. (D) determine the risk level.

According to the assessment of the high, medium and low risk levels of the three.

    (V) formation evaluation report.

    Article 30th risk assessment report shall set forth the decision to assess various risks that may arise, and to prevent, mitigate or resolve disposal plans. 31st risk assessment results should serve as an important basis for decision-making of the Executive, without a risk assessment, and decisions shall be made. Risk evaluation of high risk decision-making matters, decisions shall be made.

    Risk assessment is that there is a low risk, should take effective measures to prevent and resolve later before making a decision.

    The sixth chapter review of legality 32nd major administrative decisions matter to collective discussion, review of legality should be carried out.

    Without review or the review of legality is not adopted, the Executive should not make decisions.

    Article 33rd major administrative decisions reviewed by the Legal Department is responsible for the legitimacy of the Government, major decisions are made by the Administrative Department legal agencies of government departments responsible for the review of legality.

34th major administrative decisions review of legality under article includes:

(A) violation of laws, rules, regulations and related provisions;

(B) whether statutory authority beyond the policy-making organs;

(C) statutory violations of major administrative decision-making procedures;

    (Iv) other needs to review the legality of the.

    35th Government Legal Department or Government legal agencies on the matters of major administrative decisions following a legal review, should be matters of major administrative decisions in a timely manner review the legality.

    The seventh chapter decided collectively

    36th major administrative decisions should be decided collectively by the administrative authority.

37th article drew attention to collectively discuss and decide matters of major policy decisions, the following documents shall be submitted:

(A) reporting on policy matters;

(B) the investigation report;

(C) for advice and treatment;

(D) expert advice demonstrates;

(E) the risk assessment report;

(Vi) review of legality;

    (VII) other related material.

Article 38th Executive brainstorm and decide major matters of administrative decision-making, in accordance with the following requirements:
(A) prior to inform the collective discussion of matters of major policy decisions;

(B) policy matters to the attention of departments report to the meeting and answer questions;

(C) in charge of the head and other officials to express their views;

(D) agreed by the moderator and other participants to express their views;

    (E) Executive or moderator last concluding observations.

    39th head of the Executive in accordance with the collective discussion, discuss major administrative decisions can be made agree, disagree, modify or revert to the decision. 40th major administrative decision-making meeting of the administrative organ shall make a meeting record. Government plenary sessions or Executive meeting should be produced according to meeting minutes meeting minutes. 41st major administrative decision results, except for confidential by law, it shall be made public. Government Executive meeting decided the major administrative decisions should be publicly reported in the local media.

    Government regulations and important normative documents signed after the announcement, the people's Governments at the corresponding level bulletins and newspapers issued within their respective administrative areas should be published in a timely manner.

    Eighth chapter error correction and decision-making responsibilities

    42nd article of major administrative decisions by administrative organs shall supervise the implementation, and ensure the correct implementation of decisions. Article 43rd Executive major administrative decision-making error correction mechanism should be established, through polling, sample surveys, tracking and feedback, decision evaluation method, to detect and correct the problems in decision making and implementation, adjust and improve decision-making.

    Citizens, legal persons or other organizations considered significant administrative decision shall be suspended or amended, opinion or recommendation to the policy-making organs.

44th administrative organs and their staff shall violate major administrative decision-making process, should be hearing without a hearing, should the risk assessment did not assess, without review or the review of legality is not legitimate, collective discussion without decision and decision wrong,

    Liability shall be subject to administrative decision-making fault.

    Nineth chapter by-laws 45th Management Committee of government agencies, management area and the development zone management committee and authorized by the laws and regulations to administer public affairs organization, implementing major administrative decisions applying this provision.

    General administrative policy in the light of this regulation. 46th article of the regulations come into force on January 1, 2014. Published on November 26, 2007, the Guangxi Zhuang Autonomous Region, major decisions of the provisional rules of procedure of the Executive (32nd autonomous region people's Government) abrogated.