Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256423.shtml
People's Governments at all levels in Jiangxi province measures for Administration of agency establishment and staffing
(November 17, 2009 the 28th Executive meeting of Jiangxi province by Jiangxi provincial people's Government on December 11, 2009, the 176th promulgated as of February 1, 2010) Chapter I General provisions
First in order to regulate government administrative bodies set up at all levels, strengthen management, improve administrative efficiency, according to the State Department of the local people's Governments at all levels institutions and the preparation of regulations and other relevant regulations of the State, combined with the facts of the province, these measures are formulated.
Article executive branch of the people's Governments at all levels within the administrative area of the province sets, functions, configuration, formulation approved as well as the establishment of supervision and management, application of this approach.
Article III administrative bodies in these measures, refers to the people's Governments at various levels in the province established by law to perform administrative duties and the preparation work of the Department of administration and management institutions.
Fourth administrative organization establishment and staffing management, should be in accordance with the requirements of comprehensive, coordinated and sustainable development of economy and society, and meet the needs of fully discharge our duties, following the principle of simplification, uniformity and efficiency.
Agencies work under unified leadership and management at different levels of the system.
The fifth people's Governments above the county level bodies in discharging their management responsibilities management organs shall, in accordance with administrative privileges, and to subordinate agencies provide professional guidance and supervision and inspection work.
Sixth, in accordance with national and provincial bodies and approved the preparation of the program settings under, is hiring, appointment, deployment staff, with members of the leadership and the basis for allocating funds. The people's Governments above the county level shall set up institutions preparation, staff salaries and budget restraint mechanism, at the time of setting up institutions, authorized, should fully take into account the financial ability to support. Administrative agencies shall not break the approved staffing there. Forbidden to set organization and increased staffing.
Unauthorized establishment institutions and increased staffing, not appropriated funds or diverting funds from other funding arrangements.
Seventh executive branch cannot interfere in lower level people's Governments above the county level people's Government Executive Agency establishment and staffing management, and lower level people's Governments shall not be required to establish administrative bodies and their business counterparts.
Chapter II sets
Article eighth administrative institutions shall, in accordance with national and provincial quota regulations, based on the scientific allocation of responsibilities, combined with the population size and geographical scope, level of economic development and other factors, General settings, responsibility clear, rational division of labor, streamlining the Organization, responsibilities, coordinate decision-making and implementation. Administrative bodies should perform their duties according to need, adjust.
However, within the term of the Government and its departments should remain relatively stable. Nineth provincial government set up a special Department and sector regulators, and so on.
Provincial departments according to their functions and is divided into offices, ministries, direct ad hoc bodies and agencies affiliated with; districts and cities and County work sector irrespective of sector, directly under the body.
The Township people's Governments set up integrated offices.
Tenth name, specifications of the administrative bodies shall be regulated in accordance with the following provisions:
(A) the provincial departments Committee, Office, Office, directly under the ad hoc body called the Committee, directly under the Office of the Council, and Department Administration Bureau, Office of provincial people's Government Office, composition Department, directly under the ad hoc institutions and agencies affiliated to main level, sector regulators for Deputy departmental level.
(B) the district municipal people's Government, said the Commission, Board, Office, is in a class.
(C) the departments Office of the Commission, the Council, the people's Government at the county level, for the section.
(D) the Township people's Government Office of the integrated offices, not rated. 11th administration establishment, dissolution, merger or change of specification, name, by the people's Governments at the corresponding level, a proposal after review by a higher authority for establishing government organizations, approved at a higher level.
Among them, the Executive branch of the people's Governments above the county level in the establishment, dissolution or merger, should also be reported to the Standing Committee of the people's Congress for the record in accordance with law.
12th administrative agencies set up programmes, should include the following:
(A) the necessity and feasibility of establishment;
(B) the administration of names, descriptions, specifications and affiliations;
(C) the number, name, size and responsibilities of the internal institutions;
(D) other administrative bodies with similar business lines of responsibility;
(E) the administration required the compilation of the source.
13th revocation of administrative bodies and the merger plan, should include the following:
(A) the name of the administrative authority;
(B) the basis and reason for removing, merging;
(C) the revocation, after the merger, the disappearance of its responsibilities, transfer case;
(D) revocation, after the merger, the adjustment in staffing and personnel.
Specification, the name of the administrative authority of the 14th article change, should include the following:
(A) the existing specifications or name;
(B) after change of specification or name;
(C) change the specifications or the rationale and justification for the name.
15th establishment of the deliberation and coordination agencies of the people's Governments above the county level shall be subject to strict control; can be entrusted to an existing agency to assume functions or coordinated by the existing institutions can solve the problem without establishment of the deliberation and coordination agencies.
Set up for handling a specific task within a certain period of the deliberation and coordination agencies, should be clearly defined conditions and deadlines for withdrawing them.
The deliberation and coordination agencies do not separate offices, specific work by the relevant administrative authority.
Creation, dissolution or merger of the deliberation and coordination agencies, decided by the people's Governments at the corresponding level.
16th people's Governments above the county level administrative bodies in accordance with the needs and lean principles, established the necessary internal institutions, but should generally be less than the number corresponding to the number government administration organs at a higher level.
Executive organs of establishment, dissolution, merger or change of specification, name, brought in by the administration programme, reported the people's Governments at the corresponding level establishments of authorities for approval.
17th internal institutions at the provincial administration, less than 4 prepared by the administration shall not be established.
Municipal Government of district administration organs, and less than 3 prepared by the administration shall not be established.
Internal institutions at the County Administration, less than 2 prepared by the administration shall not be established.
18th provincial administrative body organs, room for primary; internal institutions at the operational workload, staffing, more minorities, approved by the authority for establishing provincial organizations can be set up.
Districts and cities within the Executive branch of the Government agencies generally referred to section, room, for the section.
County executive organs called unit, the room in General, not rated.
19th administrative body organs to establish programmes should include the following:
(A) the necessity and feasibility of establishment;
(B) the name, size and responsibilities of the internal institutions;
(C) compilation of the source that you want.
Revocation of executive organs of the 20th article, merge programme, should include the following:
(A) the name of the internal institutions;
(B) the basis and reason for removing, merging;
(C) after dissolution, merger, its responsibilities, the adjustment in staffing.
21st executive organs of the specification, name change, should include the following:
(A) the internal institutions of the existing specification name;
(B) after change of specification or name;
(C) change the specifications or the rationale and justification for the name.
Chapter III role configuration
22nd configuration administration responsibilities should be guided by the following principles:
(A) statutory responsibilities;
(B) separation of separate, Government-funded, public affairs separately, Government and market intermediaries;
(C) the Division of science, rational division of responsibilities, ensuring government decrees;
(D) in line.
23rd executive responsibilities of the same or similar, in principle, an administrative body must consist of two or more administrative bodies, should draw a clear division of responsibilities, clear key management Department and assist in the management sector. Disagrees with the Division of responsibilities between the Executive Body and shall take the initiative to resolve.
Consensus, committed after the Government set-up administration agencies for records of the people's Governments at the corresponding level through inconsistencies, should be submitted to the local government institutions to prepare the management organ of opinion, prepared by the institution authorities level people's Government decision.
24th adjustment between administrative bodies, should be submitted by the people's Governments at the corresponding level establishments administrations programme level people's Government for decision.
Executive responsibilities of adjustment programmes, should include the following:
(A) the adjustment of duties;
(B) responsibilities the basis and rationale for the adjustment;
(C) after the duty adjustment, its interior institutions and staffing adjustments.
25th administrative agencies according to need, to adjust their responsibilities in internal institutions, Government set-up administration agencies for records of the people's Governments at the corresponding level before implementation.
26th the administrative agencies should effectively implement approved by the people's Governments at the corresponding level of the administration of this institution.
In addition to laws, regulations and rules provides that the Agency may, within its statutory authority, some delegates administrative responsibilities in other units of the commitment, the Administration administrative responsibility of this body must not be referred to the administrative institutions should undertake; due to operational requirements, the administrative responsibility of this body must be borne by other administrative agencies shall be submitted for approval in accordance with article 24th of this approach.
The fourth chapter management
27th executive administrative system, shall, in accordance with its responsibilities, in accordance with the principle of simple and approved. 28th institutions prepared by the management body shall, in accordance with article categories and the scope of examination and approval system.
Administrative bodies should use the administrative system, shall not be mixed with, appropriate or divert or set other types of programming.
Administrative preparation should be under total control, hierarchical management, dynamic adjustment of the principles of management.
Total administrative preparation of the 29th article of the provincial people's Governments at all levels, put forward by the provincial government and approved by the State Council.
Establishment authority in the people's Governments above the county level bodies within the total establishment respectively assigned to lower level people's Governments, the people's Governments at the corresponding level administrative programming of various administrative agencies, reported that the people's Governments at the corresponding level for approval before implementation. 30th the people's Governments above the county level shall according to the need of adjusting functions, administrative adjustments within the total establishment of the people's Governments at the corresponding level in preparation of the administrative authorities.
However, the adjustment between the different levels in the same administrative region prepared by the Executive shall be prepared by the provincial agency management organ of the Agency and staffing management authority.
31st of the deliberation and coordination agencies of the people's Governments above the county level offices, no individual determination of establishment, need specific job transfers within administrative bodies prepared by the solution.
The 32nd executive administrative adjustment, should be determined by the administrative bodies for the programme.
Administrative adjustment programmes should include the following:
(A) the need and basis for adjustment;
(B) the need to adjust the number of administrative establishment;
(C) the duties of the administrative authority;
(D) existing administrative preparation and serving officers of the administrative authority;
(E) executive leadership positions in internal institutions at the count and the number of leadership positions.
Article 33rd public security, national security and judicial administrative organs (including the prison service and reeducation through labor Administration) preparing to implement specific management, prepared by the institution authorities issued special preparation of the total allocation approved by the State. 34th executive agencies into the core series system. Executive recruitment, appointments, staff deployment, supposed to be the people's Governments at the corresponding level agencies into the nuclear part with management authority procedures and issued by the authority for establishing the people's Governments at the corresponding level organizations into the nuclear part orders.
Where notice of the issue into the nuclear series, the relevant departments may handle hiring, appointment, posting and payment of salaries, social security and other procedures. 35th executive administrative preparation of the real-name system management.
Specific management measures, in accordance with the relevant provisions of the State and the province. Establishments of the people's Government above the county level administrative organs shall establish agency and staffing management system.
Administrative agencies or bodies established to prepare the management certificate changes, should arrive at this level people's Government Agency and staffing agencies with management authority the management card or corporate management certificate contents change procedures.
Article 36th administrative institutions and the number of leadership positions in internal institutions, should be in accordance with the needs and the principles of lean and efficient is lawfully equipped.
Administrative bodies and organs shall not exceed level number, Super spec is equipped with leading members.
37th Executive leadership positions in several equipment shall comply with the following provisions:
(A) the Executive branch of the provincial government the number of leadership positions, with 2-4; a heavy tasks, the production of more sectors can be more appropriately match;
(B) the district leadership positions in municipal administration, with 1-4;
(C) the number of leadership positions in the County Administration, with 1-3;
(D) of township administrative institutions under the number of leadership positions, with 1.
Professional technical administrative bodies in accordance with the needs, reference the corresponding administrative agency's technical availability of the number of leadership positions, are equipped with technology the number of leadership positions, at the level of deputies at the same level.
Article 38th administrative bodies within institutions the number of leadership positions with, shall comply with the following provisions:
(A) the number of leadership positions in internal institutions at the provincial administration, establishment of 4 match 1, establishment of 5-7 with 2 names, establishment of 8-24 with 3 names, establishment of 25 and above with 4 names;
(B) the district municipal administrative bodies established the number of leadership positions in internal institutions, establishment of 3 with 1 name, establishment of 4-7 with 2 names, establishment of 8 match 3 and above;
(C) the number of leadership positions in internal institutions at the County Administration, with 1.
The 39th public security and State security organs and their internal institutions at the number of leadership positions as well as determined separately by the provincial people's Government, according to the relevant regulations of the State.
40th executive leadership positions in several approved or adjustment by the programme to the Executive Body, after examination by the authorities for establishing the people's Governments at the corresponding level organizations, reported the people's Governments at the corresponding level for approval.
Approved by the Executive Agency the number of leadership positions in internal institutions or adjust, brought in by the administration programme, reported the people's Governments at the corresponding level establishments of authorities for approval.
41st administrative institutions and the number of leadership positions in internal institutions approved or adjustment programmes should include the following:
(A) approve or adjust the number of leadership positions in the necessity and basis;
(B) the approved or you want to adjust the number of leadership positions and levels;
(C) the existing number of leadership positions;
(D) preparation of the specification and existing institutions.
The fifth chapter, supervision and inspection
42nd establishment authority above the county level people's Governments shall, in accordance with administrative privileges, to supervise and inspect the following items, if necessary, in conjunction with the joint supervisory bodies and other relevant departments of supervision and inspection:
(A) institutions managing the implementation of laws, regulations, rules and policies;
(B) approved by higher authorities to the implementation of the plan for restructuring the;
(C) the Organization, responsibilities of the administrative authority configuration, preparation of equipment, the number of leadership positions are equipped with;
(D) establishments administrative permission and approval procedures for implementation;
(E) the contravention of investigating agencies regulations;
(F) bodies producing statistics;
(G) require supervision and inspection of the other matters.
43rd levels of administrative institutions shall cooperate with the institutions under supervision and examination of the regulatory body, full, objective and timely delivery of authentic materials.
Establishments of supervision and inspection of the 44th article should follow the facts, in accordance with the law, results-oriented principles, persist in combining supervision and management, combining prevention, education and punishment.
Agency and staffing authority when conducting supervision and inspection, and shall strictly implement the provisions of the program found that acts in violation of Agency and staffing regulations, shall be submitted to the local Government put forward opinions and suggestions.
Article 45th subordinate agencies staffing agency and staffing authority to the supervisor shall truthfully report to their agency and staffing management situation, submitted to the Agency produce annual statistical information, not making false statements on or concealing, forging. Article 46th government agencies above the county level administrative organs shall establish a reporting system, the establishment of a unified report phone, improving people's letters and visits report accepted approaches. Any organizations and individuals for violations of the establishment regulation, has the right to preparation of the administrative organ, the supervisory organ to the Agency and other relevant departments to report.
Agency informants, should the situation be kept confidential.
The sixth chapter legal liability
47th under 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 disciplinary action:
(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) unauthorized Super level, Super spec is equipped with leading members;
(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;
(VIII) not complying with the provisions of entering the nuclear series procedures hiring, appointment, deployment of personnel;
(IX) not by provisions of corporate staffing management certificate and change procedures;
(J) other acts in violation of establishment regulations.
48th establishments of administrative organs and their staff in the management of establishments of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) according to the provisions on the establishment of an administrative agency, withdrawn, merger or change of name specifications, auditing;
(B) not organs of the Executive Branch is headed by the regulation set, dissolution, merger or change specifications, names for approval;
(C) is not required to review the administrative establishment of the administrative authority;
(D) not on the required number of leadership positions in the Executive Branch audit and administrative institutions the number of leadership positions in internal institutions audits;
(E) making false statements on or concealing, falsifying institutions produce annual statistical data;
(Vi) does not seriously, investigated for violations of the institutions the preparation of management reports;
(G) abuse of power, dereliction of duty or engages in other activities.
The seventh chapter by-laws
The 49th set up by the people's Governments above the county level in accordance with Agency and these rules, the third executive bodies management outside of the article, in accordance with the measures implemented. 50th these measures shall come into force on February 1, 2010.
Search Translated Laws of China