Jiangxi Provincial People's Government Above The County Level Major Administrative Decision-Making Procedures

Original Language Title: 江西省县级以上人民政府重大行政决策程序规定

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Jiangxi provincial people's Government above the county level major administrative decision-making procedures (August 18, 2008, Jiangxi provincial people's Government, the 8th Executive meeting on August 20, 2008, Jiangxi provincial people's Government, the 168th announced as of October 1, 2008) first in order to standardize the Administration, administrative behavior, reduce decision-making errors, improving the quality of decision-making, in accordance with the People's Republic of China local people's congresses and organic law of the local people's Governments at various levels and the implementation outline for the holistic promotion of administration by law of the State Council and other relevant provisions of, combined with the facts of the province,

    These provisions are formulated.

    The second major administrative decisions of the people's Governments above the county level, implementation, monitoring and other activities, these provisions shall apply.

    Decisions regarding emergency response procedures for emergency response provisions of the law and other relevant laws, rules and regulations.

    Prepare draft local laws and regulations and regulatory documents program, applies legislative provisions of the law and other relevant laws, rules and regulations.

    The provisions of article III of the said major administrative decisions of the Government, including the following:

    (A) preparing medium-and long-term planning and annual plans for national economic and social development;

    (B) working out the budget, major fiscal arrangements;

    (C) develop or adjust various important regional planning and overall planning, professional planning;

    (D) research on major investment projects of the Government and major State-owned asset disposal;

    (E) develop land management, labor and employment, social security, culture, health, science and technology education, ecological environment protection, housing, urban development and other aspects of major policy measures;

    (Vi) formulate or adjust its pricing of key commodities and service prices;

    (VII) developing administrative restructuring measures;

    (VIII) other important matters of Government decision-making.

    The people's Government above the county level may, within the scope of the provisions of the preceding paragraph, determines the people's Governments at the corresponding level of major administrative decisions by law specific and quantitative criteria.

    Fourth Government of the people's Governments above the county level shall improve the major administrative decision-making rules and procedures, and establish and improve public participation, expert and Government decided that the combination of administrative decision-making mechanism, implementation of decisions, scientific decision according to law and democratic decision-making.

    Article fifth executive head of the Government on behalf of the Governments of the major administrative exercise decision-making power.

    Government leaders, Secretary General of the Government, the Office of the Government (RM) Chief Executive Director to assist the Government to exercise decision-making power.

    Decision-making bodies, government legal agencies and other major administrative decisions of the Government should be to provide professional consulting, legal and other related services.

    Article sixth major administrative decisions of the Government recommends that the determination of the matters raised and decisions shall be governed by the following provisions:

    (A) the Government departments or major administrative decision-making level people's Government under proposals examined by the Administration in charge of the leadership after the Government administrative officer determines;

    (B) recommendations made major administrative decisions of the Government leaders, heads of Government to determine;

    (C) Executive Heads of major administrative decisions of the Government proposals, direct access to the decision-making process;

    (D) follow-up to the level people's Government, on the same level party or people's congresses and their standing committees to make implementation of the relevant resolutions, decisions, determined by the Executive Head of the Government directly to the decision-making process;

    (E) the NPC deputies and CPPCC members made major administrative decisions recommendations and proposals put forward, by the comments from relevant departments, in charge of the leadership after the audit report by the Government heads of Government to determine;

    (F) the citizens, legal persons or other organizations that certain significant matters requires the Government decision-making and policy recommendations to the Government; the Office of the Government (room) should be reviewed after a reasonable proposal to seek relevant departments, in charge of the leadership after the audit report by the Government heads of Government to determine.

    Unit of the undertaking in accordance with statutory terms of reference determined or designated by the Executive Head of the Government.

    Seventh major administrative decisions made by the Government shall be subject to the following procedures:

    (A) research;

    (B) expert;

    (C) for advice;

    (D) sectoral coordination;

    (E) review of legality;

    (F) collective discussions;

    (G) the results made public.

    Laws, regulations or relevant State documents significantly to government administrative decision-making procedures otherwise provided, from its provisions.

    Article eighth decision undertaken by major administrative decisions of the Government should carry out research work, complete and accurate information required for decision-making.

    Research should include information actuality, necessity, feasibility, advantages and disadvantages and the risk assessment. Once the investigation is completed, the undertaking should develop policy options.

    Comparative study on schemes of decision making is required, should develop more than two decision options to choose from.

    Nineth undertaking unit should arrange at least 3 options of expert decision making necessity, feasibility was carried out.

    Unit of the undertaking shall, in accordance with decision the contents and complexity of the matter, from select experts in relevant fields, ensure the representative character of the experts participating in the demonstration. Decision making Organizer expert opinions should be sums formed report.

    Responsible for comments made by scientific experts.

    Report should serve as an important basis for government decisions. Tenth unit of the undertaking shall, in accordance with decision matters involving the scope of policy options consult the relevant government departments.

    Been consulted departments shall, within the time provided in the responses. 11th major administrative decisions of the Government and is closely related to the vital interests of the people, the undertaking shall be announced to the public policy options, for public comment.

    Published include:

    (A) policy options and a brief description;

    (B) the public submit ideas, methods, including mailing address, phone, fax, and e-mail address;

    (C) to seek the views of starting and ending times (shall not be less than the 15th).

    After the publication of decision options, the undertaking shall, in accordance with decision of the public impacts scope, extent, through forms, such as holding forums, feasibility study meeting, listened to the opinions and suggestions of the community.

    12th Government of the major administrative decisions in any of the following circumstances, shall convene a hearing:

    (A) involving significant public interests;

    (B) involve vital interests of the people;

    (C) laws, regulations, rules and regulations should be heard.

    By the decision of the hearing organized by hearing organs, hearing procedures carried out in accordance with national and provincial regulations.

    Hearing reports of the formation of the hearing should serve as an important basis for government decisions.

    13th should be parties to the undertaking units of the opinions and suggestions for consolidation, on reasonable comments and recommendations should be adopted has not been adopted, it shall explain the reasons.

    Unit of the undertaking shall, in accordance with the parties ' legitimate comments and recommended changes to the decision-making options, forms and description of the draft decision. 14th Government of the people's Governments above the county level should establish a major administrative decision and coordination system.

    Have different views on the draft decisions of the authorities, coordinated by the decisions undertaken by Chief, agreed; fail to reach a consensus, drew attention to the relevant Government or the Office of the Deputy Secretary General (room) Deputy Director-General or the Office of the (room) Director coordination still fail to reach a consensus, led by the Government is in charge of chairing the coordination.

    Policy issues involving a number of government leaders and complexity, coordination is difficult, government administrative officer or his or her delegate in charge of the leadership held a special meeting on the draft decision to study and coordination.

    After the coordinated agreement, the undertaking should be carried out according to the opinion on the draft decisions revised and improved. 15th people's Governments above the county level shall establish major administrative decisions legitimacy of Government censorship. On legal regulations of major administrative decisions of the Government, in the decision made by the Government legal organization or organization of the relevant experts on draft decisions beyond the statutory authority, whether the violation of legal procedures, compliance with the provisions of laws and regulations, the review of legality.

    Without the review or the review of legitimacy not legal, not make decisions.

    16th the undertaking units shall in accordance with the rules of the Government's work, drew attention to the draft decision the Government or Executive meeting of the plenary discussion.

    Brought to the Government's discussion of the draft decision, shall submit the following materials:

    (A) draft decisions and instructions;

    (B) the provisions of laws, regulations, rules and policies;

    (C) report of the expert;

    (D) units, composite materials and the adoption of the public comments;

    (E) matters involving decisions of other materials.

    Set up hearings should also submit reports on their hearing.

    17th Government discussion of the draft decision, by executive heads or their delegates of the Government leaders, members of the Conference should express their views fully.

    Presiding officers should be under discussion, adoption, no adoption, modification, use or discuss the decision again.

    The majority's decision and the meeting of the chairpersons of the Conference Committee members disagree, it shall explain the reasons.

    Discussion on the draft decision of the Government, should document the discussions and decisions of the Conference, the different views should be stated.

    18th major administrative decisions of the Government needed the same level Party Committee or a higher administrative authority to grant, the people's Government above the county level after a decision is made according to the procedure reported to the party committees at the same level or a higher administrative authority to grant.

    Major administrative decisions of the Government according to law should be brought to the same level people's Congress or its Standing Committee consideration of the decision, the people's Government above the county level after a decision is made, drew the same level people's Congress or its Standing Committee consideration of the decision in accordance with law.
After the 19th major administrative decisions made by the Government, should be in accordance with the People's Republic of China Government information disclosure provisions of the Ordinance, promptly and accurately to the public, accessible to the public knows.

    20th Government Office (room) shall, without delay on work task and responsibilities breakdown major administrative decisions of the Government, clear decisions implementation units and job requirements.

    Article 21st decision implementation units should be based on the specific requirements of major administrative decisions of the Government, make a decision, the implementation of the programme, clear responsibilities, concrete contractors and competent leadership responsible, comprehensive, timely and correct implementation of major administrative decisions of the Government, ensure the quality of implementation and decision-making progress, shall not refuse to perform, fail to fully implement, shifted their execution, delayed execution.

    22nd Government leaders should be informed of decisions implementing major administrative units to implement the Government decision on the situation promptly solve problems arising during the implementation involved a number of government leaders and complicated problems, can be brought to the Executive Heads of Government held a special session to address existing problems, improve measures to carry out the decision.

    23rd Government Office (room) is responsible for the implementation of the major administrative decisions of the Government inspection, supervision, and evaluation work, track inspection, supervision should be taken forms such as, understanding and knowledge of policy implementation, progress and problems, and timely reports to the Government.

    24th Government of the people's Governments above the county level shall establish evaluation system after the implementation of the major administrative decisions, by way of sampling, tracking, assessment and problems found in the implementation of decisions in a timely manner, adjust and improve decision making. Decision implementation units found that major administrative decisions of the Government depends on the objective conditions change or objectives cannot be realized partly or totally due to force majeure shall promptly report to the Government; citizens, legal persons or other organizations considered that inappropriate major administrative decisions of the Government, can be put forward to the Government.

    The Government should seriously study, and according to the actual situation to continue execution, stop execution, suspend or modify decisions decisions.

    25th in violation of this provision, any of the following circumstances, in accordance with the regulations on the punishment of civil servants of administrative organs of the State Council article 19th of (a) the provisions of, the person disciplined leadership responsibilities of public servants:

    (A) the hearing and not hearing decisions;

    (B) legal review or review unlawful decisions;

    (C) make decisions without collective discussion.

    26th a violation of this provision, it shall make a decision and don't make decisions, neglect of duty, delaying work, 20th in accordance with regulations on the punishment of civil servants of administrative organs of the State Council stipulates that the disciplined personnel are directly responsible.

    27th decision executed in violation of this provision, resulting in significant administrative decisions of the Government do not function properly, in accordance with the regulations on the punishment of civil servants of administrative organs of the State Council article 19th of (b) provisions for civil servants and other persons with responsibility for leading to sanctions.

    28th Township people's Government, the people's Government above the county level departments major administrative decision making, implementation, monitoring and other activities, with reference to these provisions. 29th article of the regulations come into force on October 1, 2008.