Suzhou Municipal Administrative Decision-Making Procedures

Original Language Title: 苏州市重大行政决策程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399371.shtml

Suzhou municipal administrative decision-making procedures

    (July 30, 2013, Suzhou City Government at the 15th Executive Board meeting October 25, 2013, Suzhou city people's Government, the 130th issue come into force on January 1, 2014) first in order to regulate the major administrative decisions, promotion of scientific policy-making, decision-making and decision in accordance with law, improving the quality and efficiency of decision-making, according to the laws, regulations and other provisions, combined with the city's actual, these provisions are formulated.

Second major executive decisions in these rules refers to municipal people's Government (hereinafter referred to as the city) to perform administrative functions, involving decisions on important matters of public interest activities.

The following matters shall not as a matter of administrative decisions:

(A) to effectively regulate the market competition mechanism;

(B) citizens, legal persons or other organizations to decide;

(C) monitoring by management of trade organizations or intermediary institutions;

(D) the autonomous management of grassroots organizations.

    County-level city (district) people (CMC), and Government departments can ex officio decision or policy more effective, should make decisions, or as authorized by decision of the municipal government. Third major administrative decision-making procedures applicable to the provision of the municipal government.

Otherwise provided for by laws, rules and regulations, from its provisions.

    Put forward motion of local laws, regulations and government documents, respond to emergencies, in accordance with relevant laws, regulations and rules implementation, these rules do not apply.

    Fourth major executive decisions follow the law, science, democracy, openness, and efficiency principles.

Article fifth municipal governments should strengthen the standardization construction of decision, a sound decision-making process rules, the annual performance appraisal of implementing the requirements of the decision-making process in the Government and administration assessment.

City Government Office responsible for the major administrative policy-making organization, coordination, guidance and supervision.

    Risk assessment, management, and government legal departments, administrative supervisory organs in accordance with their respective responsibilities each major administrative decision-making risk assessment, review of legality, integrity assessments of operational guidance and supervision and management.

    Sixth municipalities shall establish a major administrative decisions online operating system, standardize decision making process and decision matters implementation and improve administrative efficiency. Article seventh major administrative decisions to implement catalog management. City Office shall, jointly with the municipal development and reform, supervision, finance, legal, risk assessment, management and other departments to develop annual list of major administrative decisions, reported that the Municipal Government promulgated after approval. Directory includes project name, sponsor, completion time, and so on.

    Directory change shall be promptly published.

Eighth the following persons or institutions can be major administrative decisions recommendations to the Government:

(A) the Mayor, Vice Mayor, Secretary General, Deputy Secretary General;

(B) the County (district) people's Government, the provincial government sent municipal government authority;

(C) units directly under the municipal government departments, agencies, and provincial staff stationed in the Soviet Union;

(D) democratic parties or other State agencies, mass organizations, enterprises and institutions, grassroots organizations, trade organizations, agencies, academic institutions and other social organizations;

(E) the NPC deputies or CPPCC;

(Vi) other citizens.

    Major recommendations of administrative decision, shall submit the reasons for decision recommendations and based on, aims to solve problems, solutions, and other related materials.

Nineth major administrative decisions recommended in accordance with the following provisions:

(A) the major administrative decisions recommendations of the Deputy Mayor, Mayor determined.

(B) the major administrative decisions recommendations of the Secretary-General and Deputy-Secretary-General, in charge of the audit, Deputy Mayor, Mayor determined.

(C) the County (district) people's Government, the provincial government sent municipal authority, directly under the municipal government departments, agencies, units, provincial staff stationed in major administrative decisions recommendations of the Soviet units, after it has been in charge of the audit, Deputy Mayor, Mayor determined.

(D) other units, NPC deputies and CPPCC members raised major administrative decision-making or other citizens suggested that offices by the municipal government and related departments of first instance, after they have been in charge of the audit, Deputy Mayor, Mayor determined.

    Major administrative decisions and to determine the superior bodies, decision-making matters assigned by the municipal people's Congress or its Standing Committee, the Municipal Government shall designate a sponsor, and decisions into major administrative decisions matters directory.

    Tenth organizer should be in accordance with public participation, expert, risk assessment, legal review procedures, preparation of draft major administrative decisions. 11th in major administrative decision-making process, the organizer should Government Portal websites, newspapers, radio, television and other news media, to the public for comments, and in consultation with the relevant regional government, Department and matters and decision has a direct interest of citizens, legal persons and other organizations.

If necessary, should also be specifically sought municipal people's Congress, municipal people's political consultative conference, the views of the democratic parties and people's organizations.

Sponsor should be driven by needs to convene seminars, feasibility study meeting, hearing or other ways to listen to opinions from all sides.

    Sponsor organizations for advice, should provide preliminary draft decisions and preparation of notes and other materials.

12th major administrative decision hearing shall be held in public.

Organizer shall announce a hearing matters, through voluntary registration, directional selection method the selection of participants in the hearing to ensure participants in the hearing with broad representation and announce the list of participants in the hearing in advance.

    Sponsor description of the decisions made at the hearing, accepted participants in the hearing questions, adopt the reasonable advice and recommendations.

13th decision to highly specialized matters, organizer should invite relevant experts in the field or delegate to the relevant professional bodies to decisions the necessity argument, scientificity and feasibility on the contents, and form the report.

Sponsor should be selected by means of open invitations are authoritative, representative Advisory demonstration expert.

Experts participating in the consultation demonstrated, may have access to relevant information, attend meetings, participate in activities related to research and consulting demonstrate independence, responsible for the observations and recommendations made by the signature.

    City Government by experts from different professional areas of decision-making.

14th sponsor should be involved in public safety, education, health, employment, social security, environmental protection, urban construction, land management, traffic management, price management decisions regarding matters such as social stability risk assessment.

Sponsor should develop stable risk assessment programmes of work, discussion consultation, questionnaires, data analysis and other methods, the decision could lead to a variety of risk analysis to determine risk levels, a risk assessment report.

Risk level is high, the contractor shall promptly submit to the Municipal Government to adjourn the debate of decision, no discussion should be decided.

    Sponsor may entrust third parties, such as the relevant professional bodies for social stability risk assessment. 15th decision should be to carry out review of legality, integrity assessments.

Difficult, complex decisions matter the organizer should invite relevant experts to conduct legitimate, honest argument.

Sponsored by legal institutions should be the decision-maker rights, legality, content and other aspects of the review process, and reviews.

    Organized by supervisory bodies should meet system, and the existence of illegitimate interests, respect the integrity of the assessment, and assessment reports.

16th according to public participation, expert, risk assessments and other comments on the preliminary draft of the decision to make major revisions, the organizer should be driven by needs to modify content to listen to opinions from all sides again.

    These Governments, departments, or units of larger disagreements of the preliminary draft decision, organizers should be coordinated through coordination, consensus cannot be reached, organizers should be coordinating the relevant information and comments, and drew attention to the Government coordination.

17th sponsor shall be approved by the unit head of collective discussion of the draft decision.

    Comparative study on schemes of decision points to the organizer should develop more than two decision options to choose from, and bias and justification.

18th draft decisions submitted to the Municipal Government decided, organizers should be indicated to the municipal government offices to submit draft decisions and draft and risk assessment, with a copy to city management departments and government legal departments, administrative supervisory authorities for the record.

Drafting instructions should include decisions need basis, drafting, drafting process, content and so on, and attached to the general public, expert advice, risk assessment and its report, review of legality, integrity of assessment reports and other materials.

Undertaker in the drafting process in accordance with the provisions of decision procedures, should be specifically stated.

Organizer will be expected to provide major administrative decisions responsible for the authenticity of the material.

    Risk assessment, management, and government legal departments, administrative supervisory organs to sponsor draft record of decision shall be promptly reported to the municipality Office, and copy to the Organizer. 19th City Office and related materials, the draft decision should be reviewed.

Material is not complete, inform the sponsor supplementary materials; drafting process does not comply with the provisions of the draft decision, and returned to sponsor related programs.

    Municipal Government as needed, or once again, handled by the departments concerned to fulfill their own decision-making procedures.

20th major administrative decisions by Government plenary meeting or Executive meeting for discussion and decision.

    The mayor shall, according to the meeting, made to draft decisions adopted, not by revisited, modify, or set aside decisions.

21st management, risk assessment, the Government legal departments, administrative supervisory organs and decision-making issues drafting and implementing the relevant regional government and departments in charge shall attend meetings of the decision-making meeting to discuss the decision.

Government decisions in the context, you can invite the staff of the municipal people's Congress, the Municipal Association to attend the meeting, may also be invited and decision-related grassroots organizations, trade associations and professionals attending the meeting.

    Government decisions in the context, you can invite the public and news media reports.

22nd decision, the municipality shall determine the implementing units.

Decisions are required by law to providing superior authority, the municipal people's Congress or its Standing Committee report, the Municipal Government shall report the matter in accordance with the regulations.
After the decision was adopted, the organizer should be made public timely feedback or general public, expert main opinions adopted and why.

    Article 23rd after the decision was adopted, the City Government Office should be through the Government Web portal and other news media to the public in a timely manner; implementation shall promptly inform matters and decision has a direct interest of citizens, legal persons and other organizations.

24th in the decision-making process and implementation unit should take expert assessment and social commentary, and organize decision matters implementation assessment, make the decision to continue implementation, adjustment or discontinuation of the proposed, and assessment reports reported to the municipality.

In the decision-making process, decision due to force majeure or circumstances change objectives in whole or in part cannot be achieved, the implementation of unit shall take immediate remedial measures, and to report to the municipal government.

According to the assessment report and the actual situation of the municipal government, decisions can be made to continue, adjustment or discontinuation of the decision.

    Decisions matter content adaptation decision-making procedures, but the urgency of the situation, except that may cause significant loss or damage.

25th major administrative decision-making and implementation shall take the initiative to accept the municipal people's Congress and its Standing Committee and municipal Committee of the CPPCC, democratic parties, people's organizations and public oversight.

    Citizens, legal persons or other organizations and news media the right to supervise the implementation of major administrative processes and decision-making matters concerning, can contribute to the municipal government, the Organizer, the implementation of observations and recommendations shall be submitted.

    Article 26th City Government Office, sponsor, implementation of major units shall establish administrative decision files, collect and record process of decision-making and policy matters related to the implementation of archival material.

27th article in violation of the provisions in the decision making process, any of the following circumstances, leading to decision-making errors and cause serious consequences, according to law by his entity or his upper level the competent authority directly in charge of it and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) not complying with the provisions of decision procedures;

(B) providing false information;

(C) the draft decision provided illegal;

    (D) other circumstances that lead to wrong decisions and the consequences are serious.

28th County (district) people (CMC), departments shall, in accordance with the provisions of the Municipal Government to develop major administrative decision-making procedures. County-level city (district) people (CMC) and Government departments should be prepared each year in this region and Department list of major administrative decisions matter and reported to the municipality Office, risk assessment, with a copy to city management departments and government legal departments, administrative supervisory organs.

    Directories have adjusted, should be submitted for the record since the adjustment date 10th, with a copy to city departments. 29th article of the regulations come into force on January 1, 2014. January 5, 2010 published by the people's Governments of Suzhou, Suzhou city people's Government abrogated the major administrative decision-making procedures.