Administrative Measures For The Establishments Of Public Institutions In Henan Province

Original Language Title: 河南省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/201108/20110800346546.shtml

Administrative measures for the establishments of public institutions in Henan province

    (Henan provincial people's Government, the 78th Executive Meeting December 17, 2010 through February 9, 2011 137th promulgated by the people's Government of Henan province as of April 1, 2011) the first to standardize the Organization of public institutions, strengthen management, under local people's Governments at all levels of the Organization and the preparation of regulations, combined with the facts of the province, these measures are formulated. Article by State organs in the province held or other organization organized and incorporated at all levels of the Office of Government set-up Committee of State-owned assets (hereinafter referred to as Agency and staffing management organ) scope of management of the institutions of the Organization, management and supervision of establishments governed by this approach.

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

    Article III establishment management in public institutions should follow politics apart, separate enterprises, streamlining principles of effectiveness, control of total amount, category management, and dynamic. Article fourth establishments of institution management, under unified leadership and management at different levels of the system. Unified leadership of Government set-up Committee of provincial establishments management of public institutions in the province.

    Cities and counties (cities, districts) are responsible for the administration of Government set-up Committee establishment management in public institutions.

    Establishment authority specifically responsible for the Administration and institutions at all levels institutions to manage the daily work, and follow their institutions the preparation of guidance and supervision of the regulatory body.

    Fifth, in accordance with national and provincial regulations approved by the program settings, institutions and career preparation, are jobs, employment (hiring), deployment staff, equipped with leading members and the basis for allocating funds. The people's Governments above the county level shall establish institutions institutions prepare, staff salaries and budget restraint mechanism. Forbidden to set up institutions and increase career preparation.

    Unauthorized outside established institutions, increase career preparation and establishment staff, shall not allocate financial resources or diverting funds from other funding arrangements.

    Article sixth superior government departments shall not be required to lower level people's Governments and their departments to establish institutions with their business counterparts, not to subordinate establishments of specified matters of public institutions. Article seventh institution agency and staffing matters, prepared by the special body prescribed in the regulations and regulatory documents. Other regulations and regulatory documents establishments shall not be specified.

    Agencies specific issues, should be in accordance with the provisions of jurisdiction and the procedures handled by the Agency and staffing management special.

    Article eighth institution institution management include the following:

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

    (B) the institution name, specification, internal institutions and authorities to identify or change;

    (C) the establishment or adjustment of mandates of public institutions;

    (D) other matters requiring management.

    Nineth established institutions, subject to the following conditions:

    (A) have a clear authority and responsibilities;

    (B) the regulatory body name, fixed place of work and the necessary facilities;

    (C) there is a clear source of funding;

    (D) other conditions stipulated by laws and regulations. Article tenth institution, should apply to the Agency and staffing agency.

    Applications should include the following:

    (A) legal and regulatory basis, necessity and feasibility;

    (B) the competent authority, institution name, specifications, functions, Interior institutions;

    (C) amount, the number of leadership positions, staffing structure, the source of funds. 11th institution name should be consistent with its mandate, and with the distinguished name of the party and Government organs, enterprises and social organizations.

    Institution commonly known as hospital, school, Institute, platform, station, Club, College, Museum, Center, etc.

    Institution name "China" or "Chinese", "national" and "national" and "international", the words "shall be submitted to the State Council for approval; cities following institution name" Henan "," Henan "," province ", the words" and not cities and counties where the Crown (city, district) name, shall be submitted to the provincial agency and staffing management authority for approval.

    12th institution has one of the following shall apply:

    (A) the name, responsibilities, specifications, authorities, organs, funds form changes;

    (B) the merger or split.

    13th institution has any of the following circumstances shall apply for withdrawal:

    (A) shall be revoked in accordance with the law and regulations;

    (B) the competent authorities decided to withdraw;

    (C) mandate disappears;

    (D) the nature of change;

    (E) other causes need to be revoked.

    Article 14th unless otherwise prescribed by laws and regulations, the new establishment of the following units shall not be approved as a public institution:

    (A) application development-oriented research institutions;

    (B) the social intermediary service institutions;

    (C) new hotels, restaurants, guest houses and other operating units;

    (D) all kinds of associations, societies and research societies, foundations and other institutions;

    (E) State and other units of the province.

    15th institution management include the following:

    (A) the amount of preparation;

    (B) the proportion of staff structure;

    (C) the form requirements;

    (D) determination of setting and the staff in leadership positions or changes.

    Approved staffing based on standard without standards, according to the mandate, size and so on, refer to similar institutions equally approved. 16th form into full financial institution funding allocation, financial subsidies and funding for the difference themselves.

    Institution supply in public institutions to establish funds according to their nature, type, and mandates to determine. After 17th approved staffing in public institutions, due to changes in responsibilities and tasks needs to be adjusted, by its competent Department staffing management organ or institution to peer institutions submit adjustment programmes.

    Adjustments adjustments to the programme should include the preparation of grounds and basis, the amount of the preparation and staffing structure.

    Article 18th institutions staffing may be with State agencies staffing staffing mix or other organizations, State bodies and other organizations shall not occupy public institutions staffing.

    Article 19th approved the number of leadership positions in public institutions, shall comply with the following limits:

    (A) preparation of amounts of less than 10, approved for 1-2 level;

    (B) preparation of amounts from 11 to 50, approved 2-3 level;

    (C) amount of between 51 and 200, approved 3-4 level;

    (D) the amounts from 201 to 1000 for the preparation, approved 4-5 levels;

    (E) the amount prepared in 1001 to 3,000, approved 5-6 level;

    (Vi) prepare amount at more than 3,000, not more than 7 levels.

    Approved by the 20th internal institutions the number of leadership positions in public institutions, shall comply with the following limits:

    (A) preparation of amounts of less than 5, approved for 1 level;

    (B) the establishment amount in 6 to 10, approved 2 level;

    (C) in 11 per cent of the amount approved 3 level.

    Article 21st by approving the merger, approved our separate institutions shall cause the preparation; the approval of institutions, career preparation should be approved by the original application. 22nd province total establishment, establishment managed by the province authorities, a proposal submitted to the provincial government set-up Committee approval.

    Cities and counties (cities, districts) Agency and staffing authority in superior establishments assigned within the total establishment of the authority, in accordance with the approval and management of permissions for career preparation, approval and administration of their respective administrative areas.

    Adjusted total establishment of villages and towns, and county level organization management organ of provincial government agencies staffing agency for review, submitted to the provincial agency and staffing authority for approval.

    Article 23rd into the financial institution and approved by the management of the preparation of the budget, by its competent authorities put forward the proposals, after examination by the Agency and staffing agency, and approval of Government set-up Committee; in the total establishment of merger, separation, name change and adjustment by the Agency and staffing authority for approval.

    24th province, and the provincial government in accordance with the stall level, the Office of the Deputy-level management of the establishment, change, cancellation of public institutions, prepared by provincial agencies agency audits, in accordance with the prescribed procedures for approval.

    Cities, counties (cities and districts) in accordance with the level, Deputy Director of management of the establishment, change, cancellation of public institutions, prepared by the provincial government agency Committee, submitted to the provincial agency and staffing authorities according to the established procedures for examination and approval.

    The County (city, district) in accordance with section, Deputy Chief-level management of the establishment, change, cancellation of public institutions, by County (municipal and district) review of Government set-up Committee, reported to the provincial agency and staffing authorities according to the established procedures for approval. 25th establishments management authorities at or above the county level shall, in accordance with administrative permissions, on the establishment of public institutions or conducting supervision and inspection in conjunction with the monitoring of the implementation of the management bodies and other relevant departments of the institutions supervise and inspect the implementation of management agencies.

    Relevant organizations and individuals shall cooperate.

    26th in violation of these rules, any of the following acts, prepared by the agency authority to give notice of criticism and rectification are serious, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions:

    (A) alter the responsibilities of the institutions;

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

    (C) unilaterally changed the institution's name, specifications and internal bodies;

    (D) increase career preparation and the number of leadership positions in public institutions without authorization;

    (E) occupying career preparation;

    (Vi) unauthorized adjustments to the staffing structure and forms of funding;

    (VII) without authorization in the system employed staff;

    (VIII) 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;

    (IX) unauthorized Super level, Super spec is equipped with leading members;
(10) against the rules subordinate institutions of the Agency establishment and staffing management of intervention;

    (11) other acts in violation of establishment regulations.

    27th institution to prepare agency staff in the management of establishments of abuse of power, negligence, malpractice, and does not constitute a crime, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated according to law. 28th article of the rules as of April 1, 2011. Before the implementation of these measures is the establishment of public institutions, shall, in accordance with the relevant provisions of the measures gradually standardized. Published on August 21, 1997 the Government set-up regulations of institution in Henan province (Henan governance [1997]50) repealed simultaneously.