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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

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Setting up and developing management options for the administration of the sea

(Summit 7th ordinary meeting of the Government of the Shanghai City, 6 May 2013, considered the adoption of Decree No. 1 of 16 May 2013 by the Government of the Shanghai Municipalities, which came into force on 1 July 2013)

Chapter I General

Article 1 (Up of purpose)

In order to regulate the establishment of the city's executive body, to strengthen management and improve administrative effectiveness, and to develop this approach in line with the relevant laws and regulations, such as the People's Congress and the People's Government at the local level of the People's People's Republic of China, the establishment and preparation of regulations at the local level.

Article 2 (As applicable)

This approach applies to the placement, responsibilities, the preparation of approved and oversight management of the people's administration at all levels of the city (hereinafter referred to as “the executive body”).

This approach refers to the Government of the people at all levels of the city to establish, exercise administrative power, assume administrative functions and use national institutions developed by the administration.

Article 3 (Basic Principles)

The establishment and management of the city's administration should be guided by the principles of simplification, harmonization and effectiveness, in accordance with the overall coordination of sustainable development demands of the economy, around national institutional reform objectives.

Article IV (Management system)

The city's executive structure has been set up and developed to implement a unified leadership and management system.

Article 5 (Managemental responsibility)

The municipal institutions are responsible for the establishment and development of oversight management by the executive branch of the city and conduct operational guidance and oversight of the management of district institutions.

In accordance with the management authority of the municipal, district-based institutions, the management body assumes the specific management of the executive branch.

Article 6 (Capter III)

The development of management institutions in the city, district institutions should be reviewed in accordance with laws, regulations and regulations and other relevant provisions to determine the main responsibilities, internal structures and staffing requirements of the executive branch (hereinafter referred to as “threely determined”.

The “three-size” provisions of the executive body are an important basis for the performance of the functions of the executive branch and are also based on the use, recruitment, redeployment of staff and the provision of leadership and nuclear allocation.

Article 7 (public system)

The city's administration should be open to social scrutiny through effective forms such as the Government website, in accordance with public information provisions.

Article 8 (Constitutional mechanism)

The Government of the people at all levels of the city should establish mechanisms for the preparation of financial budgets, staff admissions, cadres, wages approval, social security.

The establishment and staffing of the executive branch by the municipal, district and district institutions is governed by the ownership of the executive structure, ensuring that specific institutions are in line with the mandated administrative structures, that personnel are in fact commensurate with the approved administrative preparation and leadership.

The executive body should use, hire, redeploy staff and be staffed with the leadership, as set out in the “three-size-fits-all” rule, and should not break the required administrative preparation or leadership. With regard to the establishment of self-established institutions, increased administrative preparation or over-represented leadership, the departments concerned may not make any funds available or divert other funds to arrange their funding, and shall not conduct related procedures for over-budgeting, hiring, distributing staff and over-represented leadership.

Article 9 (Prevention of intervention)

The executive body should strictly implement the procedures and systems for the establishment and management of the executive branch, which involve changes in responsibilities, as well as institutional, development and leadership increases, and harmonize the management body.

In addition to the normative documentation developed by specialized agencies in the preparation of regulations, regulations and institutions for the preparation of management bodies, the executive body drafted draft local legislation, the draft Government regulations or the development of normative documents that would not specify administrative structures and management matters.

The executive organs of the superior people shall not interfere with the establishment and management of the executive branch of the lower-level people, shall not be conditional on the allocation of funds, project approval, appraisal comparison, etc., and require the Government to establish an administrative body with its operational counterparts or the establishment of institutions, to improve the specifications, staffing or enhancement of administrative preparation. The industrial standards developed by the superior administration shall not be used as a basis for the approval of administrative bodies and the preparation of management matters.

Chapter II

Article 10 (Option of administrative bodies)

The executive structure should be based on a functional scientific configuration. The number of administrative bodies should not exceed the limits established by the State and the city.

The executive body should be adjusted in due course, in accordance with the needs of the performance of its duties, but within the term of office of the Government, relative stability should be maintained.

Article 11 (Percentage of administrative bodies)

The executive bodies of the city include:

(i) The Executive Office of the People's Government, the constituent sector, the executive body, the sectoral administration;

(ii) Work sector established by the People's Government of the District;

(iii) Integrated institutions established by the Government of the People's Town and the Street Office;

(iv) Other administrative structures established by the municipal, district and territorial Government in accordance with the prescribed procedures.

Article 12 (The name and specifications of the executive body)

The executive branch of the city is generally known as the Office, the Commission, the Bureau, the Office, either at the local level or at the deputy level.

The executive branch of the population of the district is generally known as the Commission, the Bureau, the Office, either at the level or at the deputy level.

The Government of the town, the Integrated Office established by the Street Office, generally known as the Office or the Section, are at the heart level or at the subsection level.

Article 13 (Establishment and adjustment procedures for administrative bodies)

The establishment, withdrawal, consolidation or modification of specifications, name and name of the executive branch of the municipality shall be made by the municipal body to provide advice to the management body on behalf of the Government of the city and to report on the procedures in accordance with the provisions.

The establishment, withdrawal, consolidation or modification of specifications, name and name of the district government administration is made by the district body to prepare a management body for the presentation of programmes in the name of the district government and for the approval of the Government of the city following a review by the municipal institutions.

The establishment, revocation or consolidation of the executive branch of the municipalities, districts and territories shall be reported by law to the Standing Committee of the People's Representatives of the General Assembly and shall also be in place.

The commune Government, the Integrated Office of the Street Office, established or adjusted by the communes' Government, the streets' offices, offered programmes for the preparation of management authorities in district institutions.

Article 14.

The establishment, withdrawal, consolidation or modification of specifications and name programmes of the executive body shall include the following matters:

(i) The main basis, rationale;

(ii) The name, responsibility, specifications and affiliation of the executive body;

(iii) In relation to the division of responsibilities with other administrative bodies, the designation of responsibilities;

(iv) The number, name, responsibility and specifications of the body in place;

(v) Staffing and leadership;

(vi) Other related matters.

Article 15 (Establishment of the body in force)

The authorities of the urban, district and district governments have established the necessary institutions in accordance with the principles of work and excellence.

Article 16 (names and specifications of the body in force)

The establishment of the public administration in the city is generally referred to as the office and room. The executive branch is at the local level, where the body is in place; the executive branch is the deputy.

The establishment of the territorial government administration is generally referred to as a section, room. The executive branch is at the heart level, with the establishment of an agency at the centre level; the executive branch is the Deputy level, with its own establishment.

The State and the city also provide for its provisions.

Article 17 (Establishment and adjustment procedures for the establishment and restructuring of the institutions in place)

The establishment, withdrawal, consolidation or modification of specifications, names, within the National Authority of the city, district and district, is proposed by the administrative body for approval by the management body.

Article 18 (Establishment and adjustment programmes for institutions in place)

The establishment, withdrawal, consolidation or modification of specifications, name-specific programme elements within the municipal, district and territorial government administration is established in accordance with article 14 of this approach.

Article 19 (Organizational management of the vertical administration)

The executive body with vertical management was established, cancelled, merged or modified specifications, names, which was approved by the municipal institutions in accordance with the prescribed procedures.

The executive body with vertical management, which has established, withdrawn, merged or modified specifications, names, is reported in accordance with the following procedures:

(i) The establishment of an institution at the level of office, with the advice of the municipal administration and the approval of the management body of the municipal institutions;

(ii) The establishment of the institution at the ministerial level is approved by the municipal administration and is presented to the municipal institutions for the preparation of management requests.

Chapter III

Article 20 (Responsibility and adjustment requirements)

The responsibilities and adjustments of the executive branch should be governed by the requirement of consistency in the administrative and accountability of the law, the separation of the executive branch, the separation of political affairs and the separation of the executive branch.

The functions of the executive body are identical or in principle borne by an administrative body; there is a need for a shared responsibility of a number of executive bodies, and should be clearly distinguished between hosting and coordinating relations and their respective responsibilities.

Article 21

The responsibility and adjustments of the executive branch are proposed by the executive body, which is approved by the Government of the people at the current level after the review by the management body.

The division of responsibilities between the executive bodies should be resolved on the initiative of consultation, consensus-building, preparation of management requests by the present-level body, inconclusive consultations, and coordination by the management body at this level should be brought to the decision of the executive branch of the institution to prepare the executive branch.

The responsibilities of the executive branch of the city, the district and district institutions are considered to be required by the executive body, and programmes should be coordinated by the relevant executive bodies and approved by the Government.

In preparing a management body to review the staffing and restructuring of the executive body, the views of the Government's rule of law sector should be sought. The Government's rule of law should be informed in a timely manner of the institution's preparation of the management body.

Article 2 (Percentage and adjustment programmes)

The responsibilities of administrative bodies or the alignment of programmes should include the following matters:

(i) The main basis, rationale;

(ii) The content of the duties;

(iii) The executive body responsible;

(iv) Relations with the responsibilities of the relevant administrative bodies;

(v) Other related matters.

Article 23.

In one of the following cases, the responsibility of the executive body should be adjusted:

(i) The legal, regulatory, regulatory and regulatory adjustments to the relevant provisions based on the staffing structure;

(ii) Adjustments to the administrative structure;

(iii) The intersection of the functions of the executive branch or the division of responsibilities is unclear;

(iv) Adjustments required by the Government of the people of the city or district, in accordance with its statutory mandate;

(v) Other needs adjustments.

Chapter IV

Article 24 (Development of management requirements)

The administrative preparation of the executive body should be based on the principle of responsibilities and streamlining and effectiveness, with overall control, dynamic management.

Article 25 (Development of scope) should be used by the executive body to use administrative preparation without confusing, crowding, misappropriating or creating other types of development.

Article 26

The total administrative preparation of the city is provided by the municipal institutions for the preparation of the executive body, which, with the consent of the Government of the city, is submitted in accordance with the prescribed procedures.

The total number of district administrations, the total number of town administrations in each district and the total administrative preparation of streets have been determined and adjusted for approval by municipal institutions.

Article 27 (Development of approved, adjusted and redeployed procedures)

The approvals and adjustments prepared by the executive branch of the city's government are approved by the municipal institutions.

The executive branch of the communes, the communes and the administration of the street offices are approved and adjusted, with the establishment of a management authority by district institutions.

With regard to the redeployment of administrations between different levels of the same administrative region, the management body is assigned in accordance with the prescribed procedures.

Article 28 (Development of approved and adjusted programmes)

The approved or restructured programme for the administration should include the following matters:

(i) The main basis, rationale;

(ii) The amount approved or adjusted;

(iii) Ratify or adjust the number of lead positions;

(iv) Other related matters.

Article 29 (Designative management)

The administrative preparation of the executive bodies, such as public safety, security and justice, is governed by the approval or restructuring of their administration by the municipal administration to advise on the approval of the management body.

Article 31 (Development of vertically administered administrative bodies)

The executive body with vertical management, which is approved or adjusted by the municipal administration to advise on the approval of the management body.

Article 31 (Percentage)

The executive body and its body are headed by the executive body to review or approve the relevant provisions.

The number of non-headed posts is determined in accordance with the relevant national provisions.

Oversight inspection

Article 32 (Option of inspection)

The management authority of municipal, district-based institutions should be developed by the SBI in accordance with the statutory management authority.

The development of oversight inspections by the municipal, district and district institutions should be guided by practical, legal, results-oriented principles, adherence to the oversight of inspection and enhanced management, and the combination of prevention, education and punishment.

When municipal, district and district institutions develop monitoring inspections, the procedures set out should be strictly enforced and the conduct that violates the provisions of this approach should be addressed to the Government.

Article 33 (Administrative inspection)

The municipal, district monitoring authorities should perform administrative inspection duties in accordance with the law, inspect the management provisions of the executive body, and investigate violations of the institutional management provisions.

Article 34 (assessment system)

The development of management institutions in urban, district and district institutions should regularly assess the implementation of administrative structures and develop management, and will serve as a reference basis for the adjustment agencies.

Article 35 (Status of reporting)

Any organization and individuals have the right to report to the institution concerned, such as the management body, the inspectorate. In the case of the author, the competent organ should be kept confidential.

Chapter VI Legal responsibility

Article 36 (Legal responsibility of administrative bodies)

In violation of this approach, one of the following acts is criticized by the body's preparation of the management body and is responsible for the change of the deadline; in the case of serious circumstances, it is recommended by the institution-building authority to the competent and other direct responsible personnel directly responsible by the authorities concerned, which are given under the law warning, excessive, degrading, removal or removal of:

(i) Authorizes the establishment, withdrawal, consolidation or modification of specifications, names;

(ii) Removal of the functions of the executive branch;

(iii) To increase or change the scope of use;

(iv) In addition to the preparation of a quota transfer to the financial support staff, the provision of financial funds for the excess of the staff member, or the transfer of other funds, the preparation and use of financial funds, including through the outposter;

(v) Authorize excessive numbers of duties, with supra-specified strength of lead;

(vi) In violation of the provision for intervention in the establishment and management of the executive branch of the lower-level people;

(vii) A breach of the provision of the approval body, which has been developed;

(viii) Contrary, alteration, misstatement, concealment or rejection of the preparation of statistical information by reporting bodies;

(ix) Other acts that are contrary to the institutional development regulations.

Article 37 (Responsibility of the staff of the management body)

There are one of the following acts of the staff of the institution-building organs, either by their units or by the parent body's development management body, warnings, lapses or seizures by law of the competent and other direct responsible personnel who have direct responsibility; in the light of the gravity of the circumstances, by giving downgrading or dismissal; in the case of serious circumstances, by granting the removal of the dismissal:

(i) In violation of this approach, the approval of the establishment of administrative bodies and their establishments, or the extension of authority to enhance the specifications of the executive and its institutions;

(ii) In violation of this approach, the approval of administrative preparation, mixed, crowded, misappropriated or otherwise prepared by themselves;

(iii) Violations of the authorized leadership;

(iv) Other violations of the institutional development regulations.

Chapter VII

Article 38 (Brench management)

The city uses other organs of the administration to establish and manage their institutions, taking into account this approach.

Article 39 (Management of proceedings coordinating bodies)

The establishment of a coordinating body should be strictly controlled. The functions of the existing executive bodies may be assigned or coordinated by existing administrative bodies may solve problems without separate procedural coordinating bodies.

The proceedings coordinating bodies do not establish separate offices and do not approve staffing, lead and institutional specifications, with specific tasks being borne by designated administrative bodies.

Article 40 (Day of operation)

This approach has been implemented effective 1 July 2013. The Government of the Shanghai City of 14 August 1986, in response to the decision of the Government of the Shanghai Municipalities to amend and reproduce the provisional regulation of the regulation of the regulation of the regulation of the Government of 148, such as the Agreement on the Reform of the Industrial Accidents of the Shanghai City, issued by the Shanghai Municipal Government Ordinance No. 52 of 20 December 2010, while the publication of the provisional regulations for the management of the management of the Authority and the institutions of the Ministry of the Interior was repealed.