Xining Municipality Major Administrative Decision-Making Procedures

Original Language Title: 西宁市人民政府重大行政决策程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377300.shtml

Xining municipality major administrative decision-making procedures

    (7th of June 26, 2012 Xining municipal executive meeting July 11, 2012, Xining municipality to 114th, published since September 1, 2012) Chapter I General provisions

    First article for specification municipal government major administrative decision behavior, sound science decision, and democratic decision, and law decision, and Sun decision work mechanism, according to People's Republic of China place levels Congress and place levels government organization method, and State full advance law administrative implementation platform for, and on strengthening City County government law administrative of decided and on strengthening rule of law Government construction of views, provides, combined this city actual, developed this provides.

    Second major executive decision making, implementation and monitoring of the municipal government and other activities, these provisions shall apply. Third major administrative decisions of the Municipal Government should follow scientific, democratic, legitimate and open manner, following public participation, expert consultation, risk assessment, the review of legality and combining the collective decisions of the administrative decision-making mechanism.

    Strict enforcement of accountability mechanism for decision making.

    Article fourth major executive decisions of the municipal government information public, press releases or news media propaganda, implemented in accordance with relevant laws and regulations.

    Chapter II scope of decision-making Article fifth major administrative decisions mentioned in these regulations, refers to the city in accordance with statutory duties related to the administration of the Government in economic and social development, social a wide, professional and strong policies, and major issues closely related to the immediate interests of the people making decisions.

    Included:

    (A) study on municipal government implementation of the provincial party Committee and Government and municipal party Committee of important resolutions, decisions and deployment implementation;

    (B) develop and modify all kinds of economic, social development and public services in general or specific plans, annual plans;

    (C) significant financial resources arrangements for major investment projects of the Government to dispose of major State-owned assets;

    (D) environmental protection in relation to people's livelihood, employment, social security, health services, education, social assistance and housing guarantee aspects of the major policy measures;

    (E) study on municipal functions, administration and other major problems involving the city itself;

    (F) discussion of the draft local regulation, consideration of government regulations, important normative documents;

    (VII) other major matters requiring decision of the municipal government.

    Sixth the following circumstances do not apply to the provisions of article:

    (A) Decides to government personnel;

    (B) development of municipal government and the management measures of Internal Affairs;

    (C) respond to emergencies;

    (D) do not belong to the major administrative decisions of general policy matters;

    (E) the laws, rules and regulations on matters of decision procedures already set.

    Chapter III the decision-making process

    Article seventh Mayor, Vice Mayor, the Secretary-General may make a decision in accordance with their respective responsibilities, the Deputy Secretary-General advice.

    Municipal Government departments, district and county governments need Government policy matters, matters related to decision recommendations to the Government.

    Other units, organizations, or individuals from the City Government Office, the county people's Governments, and municipal government matters related to decision recommendations to the Government.

    Eighth major administrative decisions of the municipal government organizer shall be determined in accordance with the following: (A) the Mayor, Vice Mayor and Deputy Secretary-General, policy matters, according to the Municipal Government Department statutory authority to determine organizers.

    Involves a number of departments and functions are difficult to define, Executive heads by the municipal government in accordance with the Government rules specify the Organizer;

    (B) the decision-making Office of the municipal government, municipal government, proposed the Department for sponsor;

    (C) the districts to municipal decision-making matters raised by the Government, district and county governments to sponsor;

    (D) citizens, legal persons or other organizations to decision-making on matters of the municipal government, by the Chief Executive in accordance with the municipal governments work rules specified Organizer.

    Nineth municipal government departments, districts and the Government intends to present matters of the municipal decision-making, should carry out research, comprehensive and accurate information for decision-making about, prepared or commissioned expert engaged by or specialized research institutions to draft decision. Article tenth major administrative decisions, sponsor shall submit the policy proposal and draft.

    Draft decision proposals, drafted by the organizers themselves, may also appoint experts or professional bodies.

    Comparison study of major administrative decisions is needed, should develop more than two decision options to choose from. 11th deals with the city's economic and social development, as well as the major administrative professional, strong policy decision-making, the implementation of expert assessment system.

    Expert evaluation, it shall issue a written report. May relate to social stability, environmental, economic, legal and other risks of major administrative decisions, the implementation of risk assessment system.

    Risk assessment shall be in accordance with the Municipal Government on important matters of social stability risk assessment management assessment, assessment provided a written risk assessment report.

    Risk assessments can be classified commissioned a specialized research institutions. 12th provided by laws, rules and regulations should listen to the views of major administrative decision or hold a hearing, procedures should be in accordance with the regulations for public comment or hearing.

    Held a hearing, shall have a written hearing report.

    13th organizer should be extensive consultation with municipal people's Congress and CPPCC, democratic parties, mass organizations, such as the community's comments and suggestions.

    Sponsor should be based on expert reports, risk assessment, relevant departments and County Government opinion, draft recommendations, such as the major administrative decisions to the public.

    Major administrative decisions to be submitted by the sponsor of the draft law shall administer auditing adopted by the leadership collective discussions and report it.

    Article 14th recommendations for decision the decision of the municipal government programmes, the draft should be reviewed by the legitimacy of legal institutions.

    15th sponsor drew the city considering the major administrative decision, shall submit the following materials to the Office of the municipal government:

    (A) drew attention to the Government asking to be considered;

    (B) decision making and formulation; (C) the decision demonstrated relevant reports and the material, including the expert report, risk assessment report and request for comments summary material.

    A hearing, the hearing shall be submitted reports;

    (D) other material matters involving major administrative decisions. 16th major administrative decisions and related material before the Office of the municipal government within 5 working days from the date of the first instance.

    Materials are available, sent municipal government instructions, review of legality by the legal bodies; material is not complete, inform the sponsor supplementary materials.

    Article 17th legal agencies receiving major administrative decision-making and its related materials within 20 working days of the date of validity.

    According to the municipal government requirements, and legal institutions in conjunction with the organizer can organize city government legal advisers and the legislative advisory experts to demonstrate the major administrative decisions.

    After reviewing major administrative decisions legal authority, submitted for consideration, and should ask the City Government to suspend the review recommendations submitted for consideration. 18th City Office after the legal institutional legitimacy to review the comments received and sent government officials advice within 5 working days.

    Can be submitted for consideration, deliberation could not be submitted for consideration, written notice to sponsor.

    Fourth chapter decisions finalized

    19th city major administrative decisions in accordance with democratic centralism and the Chief Executive the principle of combining responsibility and municipal executive meeting or plenary meeting of the municipal government system of collective consideration. 20th major administrative decisions of the Municipal Government should be in accordance with the relevant provisions of the rules of the municipal government, according to the decision by the Mayor and the need, presided over an Executive meeting of the municipal or City Government plenary sessions.

    Mayor under discussion, for consideration of the principles of decision making by, refuse to adopt, modify or reconsider the decision.

    Major administrative decisions should be clear after the consideration by the Executive.

    Article 21st municipal government offices, the Organizer is responsible for major administrative decision-making process the material to form filing.

    Fifth chapter decisions publicly

    22nd sponsor can contribute to the General Office of the Municipal Government drew attention to the major administrative decision-making Review Conference invites the public to attend or live advice.

    Major government administrative decision-making Review Conference public system and live broadcast system, implemented by the Office of the municipal government organizations.

    Article 23rd major administrative decision-making Review Conference to be broadcast live, within 20 working days before the meeting, coordinated by the Office of the municipal government through the municipal television, newspapers, Internet and other media published live to the public notice, published information on major topics of the meeting, citizens, legal persons or other organizations may apply to the Office of the Municipal Government to attend, General Office of the municipal government in accordance with the relevant regulations.

    24th major administrative decisions after the Office of the municipal government in accordance with the relevant provisions, within 15 working days since the date of the adoption of the public.

    Sixth chapter policy implementation and monitoring

    25th Executive Unit, should develop an implementation plan, clear performance targets, implementing measures, comprehensive, timely and correct implementation of major administrative decisions of the municipal government. 26th major administrative decisions implementing performance evaluation system.

    Major administrative decisions implementation should be integrated into the city's annual objectives evaluation.

    Implementing entity should be major executive decisions promulgated this year the performance evaluation report on the implementation and reported to the municipality Office of the review.

    27th major administrative decisions in implementation due to force majeure or circumstances change decision in whole or in part cannot be achieved, implementation of unit shall take immediate remedial measures, and to report to the municipal government.
Citizens, legal persons or other organizations do not think major administrative decisions are appropriate, can make recommendations to the Executive Unit.

    28th city major administrative decisions executed realities as well as performance assessment, adjustment of the original decision can be made, to stay the execution, stop execution of the decision.

    Article 29th major administrative decisions of the municipal government adjustments, after the stay of execution, stop execution of the decision, implementing entity should take immediate and effective measures to avoid, reduce possible damage and social impact.

    Article 30th the municipal government offices, administrative supervisory organs shall be responsible for implementation of the major administrative decisions inspection, supervision, and evaluation of, take checks, urging reminders and other means to ensure correct execution of the decision, and shall promptly report to the municipal government.

    31st municipal government and relevant departments should take the initiative to accept municipal people's congresses and their standing committees of the major administrative decision making, implementation of supervision according to law and democratic supervision of the CPPCC, and accept the supervision of democratic parties, the news media and the public.

    Municipal supervision and auditing departments should strengthen the special supervisory and monitoring work, violation of law handling in a timely manner.

    The seventh chapter liability

    32nd city, district and county governments in violation of the provisions of the relevant departments, leading to wrong decisions of the municipal government, are directly responsible for the charge and other direct liable persons shall be given the appropriate punishment.

    33rd decisions executed in violation of this provision, resulting in significant administrative decisions cannot be performed correctly, in accordance with the relevant provisions and administrative permissions has the lead responsibility of cadres personnel and other persons held accountable.

    The eighth chapter by-laws

    34th article of the provisions implemented by the Office of the municipal government organizations.

    Major administrative districts and the Government's decision-making process may refer to these provisions. 35th article of the regulations come into force on September 1, 2012.