Shanghai Municipal Measures For Administration Of Agency Establishment And Staffing

Original Language Title: 上海市行政机构设置和编制管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388808.shtml

Shanghai Municipal measures for Administration of agency establishment and staffing

    (May 6, 2013 7th meeting of Shanghai Municipal review May 16, 2013, Shanghai Municipal People's Government released 1th come into force on July 1, 2013) Chapter I General provisions

    The first (objective basis)

    In order to regulate the city administration set, strengthen management, improve administrative efficiency, in accordance with the People's Republic of China local people's congresses and organic law of the local people's Governments at various levels and the local people's Governments at all levels institutions establishment and staffing control and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    Governments at all levels in the city administration (hereinafter "the Office") configuration settings, responsibilities, preparation of approval and supervision of establishments, these measures shall apply.

    Administrative body in these measures refers to the municipal people's Governments set up according to law, the exercise of administrative powers, responsible for administrative functions, using national institutions prepared by the administration.

    Article III (fundamental principles)

    The city administrative agency establishment and staffing management, should be in accordance with the requirements of comprehensive, coordinated and sustainable development of economy and society, focusing on administrative reform goals, to meet the need to fulfil its functions, following the principle of simplification, uniformity and efficiency.

    Fourth (management system)

    The city administrative agency establishment and staffing management, under unified leadership and management at different levels of the system.

    Fifth (management responsibility)

    Municipal establishments of administrative authorities, administrative bodies, is responsible for the establishment and staffing of the supervision and management, and on the management of County agencies provide professional guidance and supervision.

    City, district and County agencies management authority in accordance with administrative privileges, Executive Agency establishment and staffing for this specific work.

    Sixth ("three" provisions)

    City and County agencies and staffing management organ shall in accordance with the law, regulations and rules and other relevant provisions of audit to determine the Administration's main functions, Interior institutions and staffing of (hereinafter called "the three").

    Administration of "three" requirement is an important basis for administrative bodies to perform their functions, hired, hiring, deployment staff, with cadres and the basis for allocating funds.

    Seventh (open system)

    The city administrative agencies shall, in accordance with provisions of the disclosure of Government information, to establishments do not involve State secrets and its implementation through effective forms to the public, such as a Government Web site, subject to public supervision.

    Eighth (mechanism)

    This city people's Governments at all levels should establish institutions with budgets, staff recruiting, staffing, salaries approved, social security and other interaction mechanisms.

    City, district and County agencies to establishment management organs of the Organization and staffing of the real-name system management, and ensure that specific approval by a body set up in accordance with the provisions of administrative agencies consistent with the approval of the administrative staffing, real and corresponds to the number of leadership positions. Administrative agencies shall, in accordance with the "three" rules, hire, hiring, deployment of staff and equip leaders, truthfully bodies producing statistics may not break through the preparation of the administrative provisions or the number of leadership positions.

    Unauthorized setting institutions, increasing administrative preparation or very few equipped with leading cadres, relevant departments shall allocate funds or misappropriate funds from other funding arrangements, shall not be prepared for the hyper-recruitment, hiring, deployment of staff and the leading cadres of the few equipped with relevant formalities.

    Nineth (prohibition of intervention)

    Administrative institutions should strictly enforce the administrative organization and management approval procedures and systems, involving role adjustment as well as institutions, establishment and increase or decrease the number of leadership positions, unified institutions staffing authority.

    In addition to special institutions and regulations, regulations normative documents of the management organs and institutions, administrative bodies, local regulations, governmental regulation or the development of normative documents of administrative agencies shall not be set and staffing matters to specific provisions. Superior administrative bodies of executive branch cannot interfere in lower level people's Governments under establishment and staffing management may not be funding allocation, project approval, examination and appraisal for conditions, require lower level people's Governments and established its business counterpart administrative bodies or organs, administrative agencies, or preparation of the specification, equipment or increasing the administrative organs.

    Industry standards established by the higher administrative bodies shall not as a matter of administrative organization establishment and staffing management approval basis.

    Chapter II sets

    Tenth (administrative bodies set up required) Administration sets should be based on the scientific allocation of duties, General settings.

    Administrative agencies shall not exceed the limits of the State and this municipality.

    Administrative bodies should perform their duties according to need, adjust, but within the term of the Government, should remain relatively stable.

    11th (composition of the Executive Body)

    The administrative body of the city include:

    (A) established by the municipal people's Government Office, composed of departments, affiliated institutions, sectoral regulators;

    (B) District and county people's Government established by the Department;

    (C) the Township people's Governments and neighborhood offices set up integrated offices;

    (D) the city and county governments in accordance with the procedures established by the administrative body.

    12th (name and specifications of the administrative authority)

    Municipal Administration Office of General Services, Commission, Board, Office, Bureau or the Deputy Bureau Chief level.

    District and county people's Government Administration Office of the Commission, the Council, the General said, are level or at the Deputy level.

    Township people's Governments and neighborhood offices set up integrated offices call the Office or branch, section or under section.

    13th (administrative bodies set up and adjustment procedures)

    Executive branch of the city government establishment, dissolution, merger or change of specification, name, establishment managed by the city authorities, on behalf of the municipal people's Government, a proposal in accordance with the prescribed procedures for approval.

    Executive branch of the county-level people's Government establishment, dissolution, merger or change of specification, name, compiled by the County agency administration agencies, on behalf of the district and county people's Government put forward a proposal, institutions, and management review, submitted to the municipal people's Government.

    Executive branch of the city and county governments in the establishment, dissolution or merger, shall be submitted to the Standing Committee of the national people's Congress for the record the same level according to law, shall perform the formalities.

    Township people's Government, the subdistrict office of integrated offices set up or adjust by the township government, neighborhood offices, a proposal reported to the County agency and staffing management authorities for approval.

    14th (administrative bodies set up and adjustment programmes)

    Administrative bodies the establishment, dissolution, merger or change of name specification, programme shall include the following items:

    (A) the main basis and reasons;

    (B) the administration of names, descriptions, specifications and affiliations;

    (C) the Division of duties and other administrative bodies involved, giving responsibilities;

    (D) the number, name, functions and specifications of internal bodies;

    (E) staff and the number of leadership positions;

    (F) other relevant matters.

    15th (internal institutions set up)

    City, district and county people's Government administrative bodies in accordance with the needs and lean principles, established the necessary internal institutions.

    16th (name and specifications of the internal institutions) Municipal government administration organs is commonly known as, the room.

    Administration Bureau, its internal institutions as primary administrative agency as the Deputy Bureau Chief level, its internal institutions as Deputy Department level. Executive branch of the county-level people's Government organs is commonly known as section, room.

    Is positive at the level of administrative bodies, its internal bodies is section; Executive as Deputy Department level, its internal institutions as Vice section.

    Otherwise provided by the State and this municipality from its provisions.

    17th (establishment of the internal institutions and the adjustment procedure)

    Internal institutions at the municipal, district and county people's Government administrative agency establishment, dissolution, merger or change of specification, name, brought in by the administration programme, this level staffing authorities for approval.

    18th (establishment and adjustment of internal institutions)

    Internal institutions at the municipal, district and county people's Government administrative agency establishment, dissolution, merger or change of name specification, programme content, reference to the provisions of the present article 14th developed.

    19th (the vertical Management Executive Agency management)

    The vertical management of administrative agencies, their establishment, dissolution, merger or change of name specifications, by the municipal agency and staffing authorities according to the established procedures for approval.

    The vertical management of administrative institutions and their internal institutions at the establishment, dissolution, merger or change of name specifications, and program submitted for approval in accordance with the following provisions:

    (A) internal institutions to branch status, comment by municipal administrations, establishments of authorities for approval;

    (B) the internal body section, approved by the municipal administrations, submitted to the municipal agency and staffing management authorities for the record.

    Chapter III role configuration

    20th (function configuration and tuning requirements)

    Function configuration and adjustment of administrative bodies, shall abide by the law and in line with the requirements, the implementation of separation of separating, separating Government and funded separately, public affairs and political and community.

    Executive responsibilities of the same or a similar, in principle, an administrative agency; shared responsibility of various administrative agencies, it should be made clear to host and organize relationship and their respective responsibilities.

    21st (function configuration and adjustment procedures)

    Configuration and administration responsibilities adjusted by the Administration, a proposal by establishment authorities after the audit of this level, the people's Governments at the corresponding level for approval.

    Disagrees with the Division of responsibilities between the administrative bodies, active negotiation, consensus, the establishments of the same level managing authorities for the record through inconsistency shall be submitted to the Agency management organ of opinion, prepared by the institution authorities level people's Government decision.
City and County agencies executive agency responsibilities the regulatory body needs to adjust, relevant administrative bodies for the programme should be coordinated, the people's Governments at the corresponding level for approval.

    Agencies executive agency responsibilities the regulatory body configuration and adjustment programmes, should seek the views of the Department of Legal Affairs of the Government.

    Laws and regulations on the administration role configuration to make the new rules, Government Legal Department shall timely inform the Agency and staffing agency.

    22nd (responsibilities of configuration and adjustment programmes)

    Administration duties, configuration or adjustment programmes should include the following:

    (A) the main basis and reasons;

    (B) duty content;

    (C) bear the responsibility of administrative bodies;

    (D) relations with the responsibilities of relevant administrative bodies;

    (E) other relevant matters.

    23rd (duty adjustment)

    Any of the following circumstances, the executive duties should be adjusted:

    (A) duties allocation law, regulations and adjustments to the relevant provisions of the regulations;

    (B) the institutions have to adjust;

    (C) the administration responsibilities, or duties are not clear;

    (D) the city or district people's Government in accordance with the statutory terms of reference require adjustment;

    (E) other circumstances that need to be adjusted.

    The fourth chapter management

    24th (staffing requirements)

    Administrative preparation of the administrative bodies, shall, in accordance with its mandate and approved the principle of streamlining and efficiency, total amount control and dynamic management.

    25th (preparation used) administrative agencies shall use administrative system, shall not be mixed with, appropriate or divert or set other types of programming.

    26th (total establishment management program)

    Total administrative preparation in this city establishment managed by the city authorities, approval of the municipal people's Government, in accordance with the prescribed procedures for approval.

    District Administration total establishment, districts and towns the total establishment and Street Executive total establishment, determined and adjusted by the municipal agency and staffing authority for approval.

    27th (preparation, adjustment and deployment procedures approved)

    Municipal Administration approved for the preparation of, and adjusting the administrative authority, establishment managed by the city authorities.

    District and county people's Government Administration, the Township people's Government and approved by the administration of the subdistrict office prepared and adjusted, preparing managed by the district authorities.

    Involving deployment between different levels within the same administrative area prepared by the Administration, staffing authorities according to the established procedures for approval by city agencies.

    28th (preparation and adjustment programmes approved)

    Approved by the Executive Agency prepared or adjustment programmes should include the following:

    (A) the main basis and reasons;

    (B) prepare or adjust the amount approved;

    (C) approved by the number of leadership positions, or adjustment;

    (D) other relevant matters.

    29th (project management)

    Public security, the security preparation of the administrative, judicial and other administrative bodies to implement project management, its Chief prepared or approved adjustments proposed by the municipal administration, city agencies authorities for approval.

    30th (the vertical Management Executive Management)

    The vertical management of administrative institutions, its Chief prepared or approved adjustments proposed by the municipal administration, city agencies authorities for approval.

    31st (the number of leadership positions)

    Administrative bodies and the number of leadership positions in internal institutions, by the governmental agencies authority to review or approval in accordance with the relevant provisions.

    Number of non-leadership positions determined in accordance with relevant regulations of the State.

    Fifth chapter of supervision and inspection

    32nd (supervision)

    City, district and County agencies prepare the management authority shall, in accordance with statutory administrative permissions, the SBI preparation duties of supervision and inspection.

    City, district and County agencies and staffing management organ establishments of supervision and inspection work carried out should follow the principle of seeking truth from facts, act according to the law, results-oriented, persist in combining supervision and management, combining prevention, education and punishment.

    City, district and County agencies management authority when conducting supervision and inspection, and shall strictly implement the provisions of the program found that acts in violation of these rules shall be submitted to the people's Governments at the corresponding level put forward opinions and suggestions.

    33rd (Administration)

    City and district Inspectorate shall perform the administrative supervision responsibility, inspection body management provisions of the Executive Agency, investigate and deal with acts in violation of Agency and staffing regulations.

    34th (evaluation)

    City and County agencies to establishment management authorities shall regularly assess the Organization and preparation of the implementation of the management, and the evaluation function as regulators of reference.

    35th (the reporting system) Any organizations or individuals for acts in violation of Agency and staffing regulations, to preparation of the administrative organ, the supervisory organ to the Agency and other relevant departments to report.

    For whistle-blowers to receive organs should be kept confidential.

    The sixth chapter legal liability

    Article 36th (liability of the Executive Agency)

    Violation of these rules, any of the following acts, prepared by the agency authority to give notice of criticism and rectification are serious, prepared by the institution authorities recommended that the relevant departments are directly responsible for the charge and the other persons, shall be subject to warning, demerit, demerit, demotion, dismissal or discharge penalties:

    (A) the establishment, dissolution, merger without name or change the specifications, the administrative authority;

    (Ii) altering the duties of administrative bodies;

    (C) without increasing systems or changing the system used;

    (D) establishment limits allocation of financial support staff, is redundant to allocate financial funds or diverted from other funding arrangements funding, take up, inter alia, staffing of making fraudulent use of funds;

    (E) the Super level, Super spec is equipped with leading cadres without authorization;

    (F) breach intervening lower level people's Governments management of the establishment and staffing of the administrative authority;

    (G) the approval authority, preparation of violation of provisions;

    (H) the counterfeiting, forgery, falsifying or concealing or refuse to report agencies producing statistics;

    (IX) other acts in violation of establishment regulations.

    37th (agencies responsibility for Agency staff)

    Establishments of Management Office staff of any of the following acts, by the unit or by the Agency and staffing management organ directly in charge of personnel and other persons be given a warning, demerit-recording or demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) in violation of these regulations approval set up administrative organs and internal body or ultra vires administrative institutions and their internal body specifications;

    (B) violating these rules approval of administrative preparation, mixing, squeeze, misappropriation, or set their own compilation of other categories;

    (C) the approved number of leadership positions in violation of provisions;

    (D) other acts in violation of Agency and staffing regulations.

    The seventh chapter by-laws

    38th (reference management)

    The City Administration prepared by other bodies, its organization and staffing, in accordance with the measures implemented.

    39th (coordinating body) Establishment of the deliberation and coordination agencies, should be strictly controlled.

    Can be referred to the administrative functions of the Agency, or by coordinating the existing administrative authorities can solve the problem, no separate rules of procedure of the coordination body.

    The deliberation and coordination agencies do not separate offices, are not authorized staffing, the number of leadership positions and agency specifications, specific work by the specified administrative agencies.

    40th (execution date) These measures shall take effect on July 1, 2013. On August 14, 1986 municipal forwards, on December 20, 2010 released by the Shanghai Municipal People's Government, the 52nd of the Shanghai Municipal People's Government on the revision of the Shanghai provisional regulations on handling farm machinery accidents, 148 municipalities decided to amend and republish the regulations of Shanghai Municipal Government organs and institutions abolished at the same time of the preparation of the interim provisions on the administration of public institutions.