People's Government Of Qinghai Province Major Administrative Decision-Making Procedures

Original Language Title: 青海省人民政府重大行政决策程序规定

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People's Government of Qinghai province major administrative decision-making procedures

    (January 9, 2009 the 28th Executive meeting of Qinghai province on February 10, 2009, 68th release of Qinghai province as of April 1, 2009) Chapter I General provisions

    First to establish a sound scientific, democratic and legal decision-making mechanism, improve the level of provincial government administrative decision-making under the People's Republic of China local people's congresses and organic law of the local people's Governments at all levels and State provisions of the implementation outline for the holistic promotion of administration by law, combined with the facts of the province, these provisions are formulated.

    Second major executive decision making, implementation and monitoring of the provincial government and other activities, these provisions shall apply.

    Decisions regarding emergency response procedures, application of the People's Republic of China Law on emergency responses and other relevant laws and regulations, the provisions of regulations and regulatory documents.

    Major administrative decisions article provincial Government should stick to scientific decision-making, democratic decision-making, according to the decision, implementing the public participation, the experts and the Government decided to combine strict enforcement of accountability mechanism for decision making. Fourth provincial major administrative decisions should be by press conference or media to the public, the public right of access.

    But except for confidential matters according to law.

    Chapter II decisions matter and permissions

    Article fifth major administrative decisions mentioned in these regulations (hereinafter decision) include the following:

    (A) study on provincial governments implement the Party Central Committee and the State Council and the provincial party Committee's important resolutions, decisions and deployment implementation;

    (B) examining the provincial governments need to be submitted to the State Council for approval, or to draw attention to the provincial party Committee and provincial people's Congress and its Standing Committee consideration of the major issues;

    (C) research report on the work of the provincial government, the province's draft plan for national economic and social development, the draft annual plan, provincial fiscal year draft budget and final accounts;

    (D) important government investments in research related to the province's economic and social development projects, significant change of State-owned assets, develop or adjust the industrial development plan in the province to develop important planning and policy measures of ecological protection and construction, according to the permission and approval of general land use planning, urban and rural planning, change and adjustment of administrative division;

    (E) discussion of the draft local regulation, consideration of provincial regulations, important government regulatory documents;

    (Vi) considering and deciding on social security, employment, medical services, education, social assistance, housing guarantee and other major issues related to people's livelihood;

    (G) research on transformation of government functions, administration and other major problems on strengthening the construction of Government itself;

    (VIII) other important matters that require provincial government decision. Sixth decision matters prescribed in the preceding article by Governor chaired a provincial plenary sessions or Executive meeting for discussion and decision.

    Matters other than those prescribed in the preceding article, be decided by the provincial government, the Governor and Deputy Governor in accordance with the rules of the Qinghai provincial people's Government made decisions.

    Article seventh should be reviewed by the provincial people's Congress approved the province's economic and social development plan, plans, budgets and performance reports, report on the work of the provincial government, as well as by the provincial people's Congress or considered and passed by the Standing Committee of the local regulations, as well as other important matters, after study by the provincial government, drew attention to the provincial people's Congress or the Standing Committee of the provincial people's Congress considered decisions.

    Chapter III decisions recommended

    Article eighth Governor, Deputy Governor and Secretary-General, the Deputy Secretary-General may make a decision in accordance with their respective functions and recommendations.

    Xining, provincial government departments, municipalities, autonomous prefectures, Haidong area considered matters that require government decisions, matters related to decision recommendations to the provincial government.

    Nineth provincial people's Congress, members of the CPPCC can by deputies to recommendations, motions and CPPCC proposals or decisions recommendations to the provincial government in other ways.

    Article tenth of citizens, legal persons and other organizations from provincial government departments concerned, Xining city, the autonomous region people's Government, the recommendations to the provincial government in Haidong area, Xining, provincial government departments, municipalities and the autonomous Government, Haidong area recommendations to citizens, legal persons and other organizations, as appropriate, by the provincial government decision, decision recommendations to the provincial government.

    11th provincial people's Congress, the CPPCC members ' decision-making matters proposal by the provincial government under the proposals of the Office of provincial government departments or cities, autonomous prefectures, Haidong, Xining Bureau investigation, absolutely necessary to the provincial government for decision-making, by relevant departments of the provincial government or in Xining, all autonomous prefectures, Haidong area proposed decision proposal, draft.

    Fourth chapter decision preparation

    12th Xining, provincial government departments, municipalities, autonomous prefectures, Haidong area management intends to draw attention to matters of provincial government decisions, should be carried out in depth research, comprehensive and accurate information for decision-making about, draft decisions, draft.

    Decisions that involve multiple departments, coordinated by the lead department in advance, communicate, after consensus, proposed decisions, draft.

    13th pilot decision making, or research area demonstrated by pilot implementation departments, provide draft programmes, scientific and feasible for decision making.

    Article 14th decision should review the legality of the draft programmes, involved the decision of the economic and social development of the province as well as professional and technical decision-making matters, experts should be organized, professional services for the necessity and feasibility study.

    15th decisions involving significant public interests and the vital interests of the people should be adopted by the province in the major news media or Government Web sites to the public decisions, draft draft, extensively solicit opinions and suggestions; need to hold hearings, shall convene a hearing, the hearing report, as a basis for government decisions.

    16th provincial governments in determining a decision, before the introduction of seminars could be convened or consulted in writing on demand forms, consultation with provincial staff officer, provincial people's Congress, the CPPCC members, democratic parties, mass organizations, experts and scholars, such as the views and suggestions of the community, as a basis for decision-making.

    Fifth chapter policy validation

    Article 17th Executive meeting of the plenary meetings of the provincial government or the policy issues considered, Xining, provincial government departments, municipalities, autonomous prefectures, Haidong area should be based on consideration of the content and need to submit the following information:

    (A) of draft decision scheme, and description;

    (B) the relevant laws, regulations, and policy basis;

    (C) review of legality, necessity, feasibility and cost-benefit analysis report;

    (D) the expert opinion;

    (E) information on the comments.

    For approval information, should press the Government plenary session, or submitted to the time of the Executive session and the request submitted to the Office of the provincial government. 18th provincial government decision should be in accordance with the provisions of the rules of the Qinghai provincial people's Government, by the Governor in accordance with decision and the need, presided over a plenary session of the provincial government or Executive meeting collective consideration.

    Governors under discussion, for consideration of the decisions made by, not to adopt, modify or reconsider decisions.

    Of adoption of the decision, issued by the authorization of the Governor or Governor, Vice Governor; revised decision, modified by the Organizer in accordance with requirements in charge of Vice Governor approval, issued by the authorization of the Governor or Governor, Vice Governor, is a major principle or substance change should be reconsidered; again decided, should be reconsidered by program.

    Article 19th General Office of the provincial government is responsible for the provincial government plenary sessions or Executive meeting minutes and materials filing.

    The sixth chapter policy implementation and monitoring

    20th provincial government departments, at all levels of people's Governments and relevant entities (hereinafter referred to as the decision-making Executive Body) shall, in accordance with their respective responsibilities, comprehensive, timely and correct implementation of provincial government decisions, and may not refuse or buck-passing, delays.

    21st decisions implementing bodies shall, according to requirements and the actual situation of provincial government decisions, step by step in a timely manner the implementation of relevant policy reports to the provincial government.

    Decisions implementing agencies in the implementation process, found that decisions are based on objective conditions change or due to force majeure reasons for decision in whole or in part cannot be achieved, shall be promptly submitted to the provincial Government suspended, suspended or amended decision proposal.

    Provincial Government according to the decision made by the Executive Body recommended that by the provisions stipulated by the fifth chapter program to continue execution, stop execution, suspend or amend content decisions. 22nd the citizens, legal persons and other organizations that the provincial government's policy should be suspended or modified, may make a recommendation to the policy-making executive body.

    Decisions implementing agencies should be carefully studied, and think the Government's policy is absolutely necessary to stop or modify, provincial government review.

    23rd provincial governments to stop execution, suspended or amended decision decision implementing agencies should take effective measures to avoid or minimize the loss. Article 24th decision monitoring mechanisms.

    Office of the provincial government responsible for the decision implementation supervision and examination work, according to decisions and provincial plans, take checks, urging reminders and other means to ensure correct execution of the decisions, supervision and timely reports to the provincial government.

    25th provincial governments relating to the implementation of important decisions and completion of Xining city, will be incorporated into relevant provincial government departments, municipalities and autonomous region people's Government, the annual target of Haidong area content, as a basis for reward and punishment.

    Provincial Government established the social evaluation mechanism of the effect of decisions and their implementation, and evaluation of various sectors of the community on the effects of decisions and their implementation, as a basis for improvement.
26th Government decisions and their implementation should consciously accept the supervision of the provincial people's Congress and its Standing Committee, accepted the democratic supervision of the CPPCC, listen to the views of the democratic parties, industry and commerce, and personages without party affiliation and mass organizations, and accept supervision by the news media and the general public.

    27th supervisory departments should strengthen the decision enforcement agencies to monitor the implementation of major administrative decisions.

    Auditing departments should strengthen audit and supervision according to law, on the authority of decisions in violation of State laws and regulations according to law.

    The seventh chapter liability

    28th Xining, provincial government departments, municipal, autonomous prefectures, Haidong area in violation of the provisions, decision-making errors led to the provincial government, directly responsible shall be given administrative sanctions shall be in charge and other direct liable persons.

    Article 29th decision implementing agencies declined, delaying the implementation of Government decisions, decision-making cannot be comprehensive, timely and correct implementation of, appointment by higher administrative authorities or the supervision departments in accordance with the provisions of the regulations on the punishment of civil servants of administrative organs, giving managers directly responsible and other persons directly responsible for administrative action.

    The eighth chapter by-laws

    30th article of the rules implemented by the Office of the provincial government organizations.

    Government, Haidong, Xining city, the autonomous area, the provincial government departments, reference should be made to this provision, develop their own decision-making procedures. 31st these provisions come into force on April 1, 2009.