Wuxi Administrative Measures For The Establishment Of Public Institutions

Original Language Title: 无锡市事业单位机构编制管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369098.shtml

Wuxi administrative measures for the establishment of public institutions

    (April 1, 2012, Wuxi municipal people's Government for the 89th routine meeting April 13, 2012, Wuxi municipal people's Government to 125th, published since June 1, 2012) Chapter I General provisions

    First for strengthening and regulating the establishment of public institutions management, promoting better and faster development of social undertakings, under local people's Governments at all levels of the Organization and the preparation of regulations, administrative measures for the establishment of public institutions in Jiangsu Province and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

Second institution mentioned in these measures refers to social purposes, organised by the State or other organizations organized by the use of State-owned assets, prepared by the institution authorities approved establishments engaged in education, science and technology, culture, health and other social services organizations.

    Career preparation in these measures refers to Agency and staffing agency amounts approved by the institution's staff.

    This approach applies to this article, approved by the Agency and staffing management authority within the administrative area of the institutions of the establishment management.

Article fourth establishment management in public institutions, under unified leadership and management at different levels of the system.

    Municipalities and cities (counties), agency management authority shall, in accordance with administrative rights institutions institutions staffing management responsibilities, and the subordinate agency prepare operational guidance and supervision of management in public institutions.

    Fifth establishments of institution management followed public affairs separately, run separate the separate enterprises, and streamline efficiency principle, implementation of total quantity control, classification management, dynamic.

    According to provisions of article sixth competence and the procedure for setting the institution and approved by the business establishment, is handling registration, setting up positions in public institutions, additional staff, equipped with members of the leadership, the basis for allocating funding and participation in the institutions of social security procedures.

    Chapter II management

Article seventh institution management include the following:

(A) the establishment and adjustment of the management system in public institutions;

(B) the establishment, merger, separation and dissolution of institutions;

    (C) the institution's mandate, the organization unit, name, size, type, features (branch) financial institutions, establishment and adjustment of channels.

Eighth to set up institutions, subject to the following conditions:

(A) for the purpose of promoting the development of public welfare undertakings, in line with the needs of economic and social development;

(Ii) has a clear mandate and conduct unit;

(C) a legal and stable source of funding, canonical institution name and a fixed place;

(D) the business covers countries of accreditation or licensing matters, shall obtain the statutory body accreditation or licensing;

    (V) other conditions stipulated by laws and regulations.

Nineth established institution, which shall be held by written application to the Agency and staffing agency, and submit the following application materials: (A) an application for the establishment of the institution.

Applications should be clear mandates of public institutions, management systems, organized unit, name, size, categories, sources, internal institutions, preparation of the amount, the number of leadership positions and posts, and the establishment of institutions of the necessity and feasibility analysis;

    (B) documentation of accreditation and licensing conditions. The tenth institution set up article should be strictly controlled.

An additional institution should follow the overall balance, structural adjustment, maintain pressure principle. New social welfare matters to government purchasing services or social forces bear, not new institutions.

    Phase or task does not, functions of a single social welfare should be borne by existing institutions.

    11th body development agency should monitor evaluation implementation prepared by the new institutions of public institutions, and will evaluate the results, as a reference for establishing public institutions organizations. The 12th institution name should be consistent with its mandate, and with the administrative authorities, enterprises, the social group distinguished name.

Institution commonly known as hospital, school, Museum,, platform, station, Park, teams, centres and so on.

    Institutions name Crown "China", and "Chinese", and "national", and "national", and "international", words of, should by national about provides implementation; institutions name Crown "Jiangsu Province", and "Jiangsu", and "province", words and not Crown where city and city (County), and district name of, should by program reported province institutions prepared management organ approval. 13th in accordance with social features, institutions divided into administrative functions, engage in production and business activities and engaging in public service in 3 categories.

Institution category according to its mandate, services and allocation of resources is further divided, in particular according to the relevant Central and provincial classification of advancing the implementation of the reform.

    After the implementation of the present measures, shall not approve the establishment of institutions engaged in production and business activities, except otherwise prescribed by laws, rules and regulations, shall not approve the establishment of administrative functions of the institution. 14th the mandates of institutions should be distinguished from administrative departments, enterprises and social organizations, and in accordance with the provisions of relevant laws, regulations, rules and policies, at the time of the establishment identified.

Agency and staffing authority in determining laws and regulations authorized by mandates of public institutions with public service management functions in the process of, should seek the views of the Department of Legal Affairs.

    Except otherwise prescribed by laws, rules, regulations, and administrative functions may not be authorized or authorized institutions to take in principle.

    15th engaged in public service institutions should be gradually established, the Board of Directors, the Management Committee and other forms of corporate governance structure to ensure public interest objectives. 16th community-oriented public service institutions should be phased out administrative level. In compliance with the specification of the characteristics of public institution system before the establishment can be based on institution size, responsibilities, tasks of practical factors such as the level of the executive authorities to determine body specifications of the institution.

    Specifications determined in public institutions, there is generally no higher than organized units. Institution set up article 17th (branch) specifications general specifications lower than institutions of institutions level.

    Internal institutions at the institution within the Organization should be based on business-centered, providing social services to professional and technical institutions of the internal institutions at the operational scale of not less than the total number of units within the institutions of the 70%.

18th institution funding channels, should be in institutions established in accordance with its mandate, types, and so on, determine the full balance of grants, subsidies, or received from, and changes with the job of adjusting.

    Responsible for administrative functions, and cannot or should not be determined by the market allocation of resources in public service institutions in connection with the channels are generally identified as the full allocation; partly by the market in the allocation of resources to engage in public service institutions in connection with the channels are generally identified as deficiency payments or charge.

19th institution has any of the following circumstances shall be prepared by the Organizer to the Agency management authority for adjustments:

(A) mandate, name, size, type, features (branch) institutions, access to funding, the organization needs to change;

    (B) the merger or split.

20th institution has one of the following conditions, shall be prepared by the Organizer to the Agency management authority applies for cancellation:

(A) the parent decided to withdraw;

(B) Organization of units apply to withdraw;

(C) mandate disappears;

(D) institutional change is no longer as public institutions;

(E) after the merger or split the original bodies are not retained;

(F) approved the establishment of 12 months is not formed or not perform tasks;

    (VII) other causes need to be revoked.

Section 21st institution, which shall be held by written application to the Agency and staffing agency, and submit the following application materials:

(A) revocation reasons and basis;

(B) revocation of programmes;

    (C) the existing roster and diversion programmes, audit report, table on liquidation of assets and other material.

    After 22nd institution set up, change, cancellation, shall promptly to the Agency and staffing agencies with management authority the real-name system management procedures and in accordance with the provisions of the interim regulations on the registration and administration of public institution, for registration of establishment, change of institution registration or cancellation of registration.

    Chapter management

    23rd institution management include the establishment, planning structures and the number of leadership positions (including internal institutions the number of leadership positions) approved and adjusted. 24th establishment authority based on standard, combining the authorized institutions prepare.

    Without standards, according to the institution's mandate, the level of local economic and social development of the approved. 25th agencies staffing agency should determine the institution's structure.

    Institutions staffing into management staffing staffing, professional development and service skills, with professional and technical preparation of the professional institutions that provide social welfare services shall not be less than the total number of units 70%. 26th establishments management authority shall, in accordance with the requirements of dynamic balance controlling total career preparation.

Requirements of new career preparation, in principle by organizing units within its own institutions of similar sources in the preparation of the balance transfer.

    City Agency and staffing management authority should be based on population, economy and other economic and social development, the city (County), the total amount of career preparation and structure of management and control, makes the city (County), career preparation and the total structure is relatively balanced. 27th establishments management organs of the institution should implement dynamic adjustment in staffing.

    Approved merger, separation of public institutions, preparation should be re; on the approval of institutions, establishment shall be prepared by the agency authority to recover or write off; the functional atrophy of institutions, preparation should be reduced accordingly; managed institutions, preparation should be recovered in stages.

    28th the number of leadership positions in public institutions (including internal institutions the number of leadership positions) should be prepared in accordance with mandates of public institutions and the amount, in accordance with cross appointment, optimizing the structure, the principle of strict control for final approval. 29th compiled only for institutions of public institutions, shall not be used with administrative preparation. Holding unit may transfer belong on their own institutions to prepare.

    Staff in public institutions shall not exceed the approved establishment. 30th Agency and staffing agency should have plans to control institutions prepared to use, improve the efficiency of preparation.

For additional staff in public institutions should be established, institutional development, financial, human resources and social security, social insurance fund management and coordination mechanism between departments, insist on compulsory and according to the following procedure:

(A) the institutions applied for the preparation of plans, establishments of authorities for approval;

(B) in accordance with the relevant rules and procedures, related public sector organizations and institutions to add staff recruiting;

(C) after additional persons to gang, the unit establishment management authority staff develop procedures to institutions;

(D) supplementary staff by establishment authorities updated the corporate staffing management certificate to the organizational, financial, human resources and social security, the social security fund management sectors go through relevant procedures.

    Institutions receiving army cadres before placement, national policies, such as staff, shall be prepared by the Agency management authority for the preparation of vacancy, the preparation of audit structure, such as the number of leadership positions.

    Fourth chapter approval rights and procedures 31st institutions centralize and unify the management of public institutions.

Among establishments of special regulations and regulatory documents, and other regulations and regulatory documents shall not require institutions prepare specific matters of public institutions. Institutions institutions prepare specific matters, permission pursuant to the provisions and procedures should be prepared by the Agency management of special handling.

Forbidden to set up institutions and increase career preparation. Relevant units shall not require the child to establish institutions with their business counterparts, not to subordinate establishments of specified matters of public institutions.

Subordinate institutions institutions must not be prepared as a matter of competition, standards, in recognition of the condition.

    Industry standards as a basis for approving establishments of public institutions. 32nd article city directly under the institutions of established, and is divided into, and upgraded, and merged, and revoked, and name change, and increased guapaizi, by City institutions prepared Management Committee audit Hou, reported province approval; city directly under the and belongs institutions and city sector belongs institutions (following referred to municipal institutions) of specifications determine for equivalent to Deputy at level and above level of, by City institutions prepared Management Committee audit Hou, reported province approval; legal regulations authorized of has public affairs management functions of municipal institutions of established, and is divided into,

Establishments by the city authorities for examination and approval by the Municipal Government set-up Committee approval; reference People's Republic of China Law on civil service management municipal institution of post adjustment, and establishments by the city authorities for examination and approval by the Municipal Government set-up Committee approval. City sector (units) belongs of full funding, and difference subsidies institutions of established, and is divided into, by City institutions prepared management organ audit Hou, reported City institutions prepared Committee approval; city directly under the institutions of career prepared and city sector (units) belongs full funding, and difference subsidies of institutions of career prepared of approved or adjustment, by City institutions prepared management organ audit Hou, reported City institutions prepared Committee approval; municipal institutions funding channel of adjustment, by City institutions prepared management organ audit Hou,

    Submitted to the Municipal Government set-up Committee approval municipal institutions, establishments, establishments governed by management authorities.

33rd article City (County), and district directly under the institutions of established, and is divided into, and upgraded, and merged, and revoked, and name change, and tone, by city (County), and district institutions prepared Committee audit Hou, reported City institutions prepared management organ approval; City (County), and district sector (units) belongs institutions specifications determine for equivalent to Deputy Chief level and above level of, by city (County), and district institutions prepared Committee audit Hou, reported City institutions prepared management organ approval. Jiangyin, and Yixing, and, Xishan District, and, huishan district,, and binhu district legal regulations authorized of has public affairs management functions of institutions of established, and is divided into, by where City (County), and district institutions prepared management mouthpiece City institutions prepared management organ audit agreed Hou, by where City (County), and district institutions prepared Committee approval; Jiangyin, and Yixing, and, Xishan District, and, huishan district,, and binhu district reference People's Republic of China civil servants method management of institutions prepared posts of adjustment, by where City (County), and

Areas, establishments, establishments management organ of authorities responsible for examination and approval, by the host cities (counties), District Government set-up Committee approval, Jiangyin, Yixing, Xishan District, and binhu district, huishan district, and sector (institutions) belongs to the equivalent of Deputy Chief level and above level of institution changes its name, listing the city agency preparing the management authorities for the record.

    Chong ' an, and Nanchang, beitang district, Wuxi New District departments (units) affiliated institution set up, split, merge, dissolution, size adjustment, the name change, the tone, the cause prepared or approved adjustment, funding changes prepared by the Agency Panel review, submitted to the municipal agency and staffing authority for approval. 34th City (County), the district town of institution institution approved and adjustment of quotas and total career preparation by the municipal (County), the district submitted to the municipal institutions of Government set-up Committee Authority audit, provincial agencies staffing authorities.

In terms of total approved establishment within cities (counties), area towns prepared and submitted to the municipal bodies approved by the specific staffing authorities for the record; the town of institutions institutional adjustments, by the host cities (counties), District Government set-up Committee review, submitted to the municipal agency and staffing authority for approval. City (County), streets and institutions institutions approved and adjustment of quotas and total career preparation by the municipal (County), District Government set-up Committee review, submitted to the municipal agency and staffing authority for approval.

    In establishments approved by the authorities within the total establishment, city (County), the district approved the street cause prepared and submitted to the municipal agency and staffing management authorities for the record; Street institution restructuring matters, by the host cities (counties), District Government set-up Committee review, submitted to the municipal agency and staffing authority for approval.

35th article of the way its 32nd, 33rd, 34th, matters referred to in articles according to the following procedure:

(A) the municipal agency and staffing authority and approval procedures Cities (counties), area agency and staffing authority accepted the relevant departments (units) by a written application, initial comments, and communicate staffing authorities after consultation with city agencies, submitted cities (counties), area establishment Committee for its consideration.

The city (County), the institutions after the adoption of the Committee's consideration of, and in cities (counties), establishments apply in writing on behalf of the Committee, submitted to the municipal agency and staffing authority for approval.

(B) management of city agencies and examination procedures Cities (counties), area agency and staffing authority accepted the relevant departments (units) by a written application, initial comments, and communicate staffing authorities after consultation with city agencies, cities (counties), area agencies on behalf of the Agency, agency and staffing authority, to submit a written application.

Agency and staffing authority for examination and approval by the city, according to prescribed procedures for approval.

(C) municipal institutions administration agencies for records management program is developed Cities (counties), area agency and staffing authority accepted the relevant departments (units) upon written request made by the municipal (district), District Committee for establishing institutions or cities (counties), area agencies prepare authorities for approval.

    Cities (counties), area institutions Committee, or cities (counties), area agencies staffing authorities at the time of approval, approval establishments, with a copy to city management authorities for the record.

    36th article focusing on social public welfare projects must apply for and institutions institutions matter, agency and staffing agency should participate in the research and demonstration project.

    Supervision and administration of the fifth chapter 37th establishments management organs shall, in accordance with administrative rights, the institutions supervise and inspect the implementation of management agencies. Supervisory organs may also be in accordance with the needs, the institutions supervise and inspect the implementation of management agencies.

    Relevant organizations and individuals shall cooperate.

    38th institution and organizer shall provide to the Agency management authorities, cities (counties), agency management authority shall submit to the city agency and staffing management authority bodies producing statistics in public institutions.

39th of municipal and city (County), the district people's Government institutions should be established institutions and jobs, staffing, personnel salaries, budgets, coordination between the social security mechanism.

    Human resources and Social Security Department post, complement, equipped with leading members of staff, the determination of wages, budgeting and allocating funding for the financial sector, Social Security Fund Management Department for social security procedures must be set according to the approval of the institution and within the approved establishment of public institutions.

    40th institution establishments should be the real-name system management, be sure to set the specific institutions (including organs) are consistent with the institution approved by the regulation, correspond to the number of staff and the number of approved establishment, corresponds to the approval of the personnel structure and fabric of the ship's complement.

41st institutions shall before March 31 in each year to sibling agency staffing establishments of the mouthpiece on the annual implementation, handle the establishment management certificate of inspection procedures.

    Agency and staffing agency should regularly assess implementation on establishment of institutions and the fulfilment of public duties, and will assess the results as optimizing the structure of institution layout, adjusting an important basis for establishment of public institutions. The 42nd article of any organizations and individuals for violations of the establishments of institution management, preparation of the administrative organ, the supervisory organ shall be entitled to agencies and other relevant departments.

Agency should be investigated in a timely manner, and the confidentiality of the source.

    In addition to laws and regulations cannot discuss things, institution establishments and their use should be legally open to the public, and accept their supervision.

43rd under any of the following acts, prepared by the agency authority to give notice of criticism, and rectification; fails, agency and staffing agency should directly be put right serious to the direct responsible person in charge and other direct liable persons, be disposed of in accordance with law:

(A) the establishment, merger, separation and withdrawal of institutions without authorization;

(B) without changing the mandates of public institutions, organized unit, name, size, internal (branch) institutions, funding channels;

(C) increased, squeezing, misappropriation without authorization of preparation and the number of leadership positions in public institutions;

(D) unauthorized breakthrough fabric setting position and additional staff;

    (E) unauthorized Super level, Super spec is equipped with leading members;

    (F) the establishment ceiling of financial support staff, redundant appropriated funds or diverted from other funding arrangements funding, making people take up, inter alia, the preparation and the use of financial resources;

(VII) in violation of regulations intervene subordinate establishments of institution management matters;

(H) the reporting institution establishment during deception;

    (IX) other acts that violate the establishment regulations of the institutions.

44th agencies staffing agency has violated established procedures, permissions and standard approval institutions prepared by the Agency, prepared by the people's Governments at the corresponding level, or parent body authority a rectification, overdue change, to remedy the situation and criticized, and managers directly responsible and other persons be punished according to law.

    Establishments of Agency staff in the establishment of public institutions in the management of abuse, negligence, malpractice, to managers directly responsible and other persons directly responsible, be disposed of according to law.

    The sixth chapter supplementary articles

    Article 45th laws, regulations and national, provincial agencies managing of public institution otherwise provides, from its provisions. 46th article of the rules take effect on June 1, 2012.