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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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Major administrative decision-making procedures of the Government of the People at the district level in the province of the province

(The 8th ordinary meeting of the People's Government of Southern West Province, held on 18 August 2008, considered the adoption of Decree No. 168 of 20 August 2008 of the People's Government Order No. 168 of 20 August 2008, which came into force on 1 October 2008)

Article I, in order to regulate significant administrative decision-making by the Government, reduce the misappropriation of decision-making and improve the quality of decision-making, develops this provision in the light of the relevant provisions of the People's Organization Act at the local level of the People's Congress and at the local level of the People's Government of the People's Republic of China.

Article 2

The decision-making process for responding to sudden incidents applies the relevant laws, regulations, regulations and regulations, such as the response to a sudden incident.

Draft local legislation and regulations and normative documentation procedures apply to relevant laws, regulations and regulations such as legislation.

Article 3 states that major administrative decisions of the Government, including:

(i) Preparation of long-term planning and annual plans for national economic and social development;

(ii) Preparation of financial budgets and major financial funding arrangements;

(iii) Develop or adapt a variety of overall planning, important regional planning and professional planning;

(iv) Research on major Government investment projects and the disposal of major State assets;

(v) Develop major policy measures for land management, labour, social security, cultural health, science and technology education, ecological environmental protection, housing security, urban construction;

(vi) Develop or adapt important commodities, services prices for government pricing;

(vii) Major measures for institutional reform;

(viii) Other important matters requiring Government decision-making.

In the context of the above-mentioned provisions, the Government of the people at the district level may determine, by law, specific matters and quantification criteria for the Government's major administrative decisions.

Article IV. Governments of the above-mentioned population should improve the rules and procedures of the Government's major administrative decision-making, establish administrative decision-making mechanisms combining public participation, expert perceptions and government decisions, and enforce legal decision-making, scientific decision-making, democratic decision-making.

Article 5

The Head of Government, the Secretary-General of the Government, the Executive Office of the Government (rooms) assisted the Government in exercising decision-making authority.

The decision-making advisory bodies, government rule of law institutions, etc., should provide professional advice, legal and other services for major government administrative decisions.

The determination of the formulation and decision-making matters of the Government's major administrative decision-making recommendations should be followed by the following provisions:

(i) Significant administrative decision-making recommendations made by the Government's work sector or by the next level of the people's government, which are determined by the Government's executive head after the review;

(ii) Major administrative decision-making recommendations made by the Government's management leadership, which are determined by the executive head of the Government;

(iii) Major administrative decision-making recommendations made by the executive head of the Government, which are directly in decision-making processes;

(iv) Follow-up to relevant resolutions and decisions taken by the Government of the people at the highest level, the peer or the People's Representatives Congress and its Standing Committee, which are determined by the executive heads of the Government to enter decision-making processes directly;

(v) Through recommendations and proposals for major administrative decision-making proposals made in the form of proposals, by the representatives of the Great Socialist People's Republic, the executive heads of the Government are determined by the relevant sectoral studies and by the executive head of the Government following the review;

(vi) Citizens, legal persons or other organizations believe that certain important matters require government decision-making, may make decisions to the Government; the Government's Executive Office (rooms) shall seek reasonable advice from the relevant sectors after the review and shall be determined by the executive heads of the Government after the Government is overseen.

The decision-making offices are determined or designated by the executive head of the Government, in accordance with their legislative authority.

Article 7 Governments shall take major administrative decisions through the following procedures:

(i) Research;

(ii) Expert opinion;

(iii) To seek advice;

(iv) Sector coordination;

(v) Review of legality;

(vi) Collective discussions;

(vii) Public results.

The laws, regulations or national documents provide otherwise for the Government's significant administrative decision-making process.

Article 8

The study should include the status of decision-making matters, the need, feasibility, ill analysis and decision-making risk assessment.

Following the completion of the research, the decision-making offices should develop decision-making options. Decision-making matters requiring multi-programme comparative studies should be developed with more than two options for decision-making.

Article 9. The decision-making office shall organize more than three experts on the need for and feasibility of decision-making options.

The decision-making offices should select experts from relevant areas to ensure representation of experts on the basis of the content and complexity of decision-making matters.

The decision-making offices should collate expert opinions and form the evidence report. Experts are responsible for the scientific nature of the comments made.

The evidence reports should serve as an important basis for government decision-making.

Article 10. The decision-making office shall seek the relevant sectoral views of the Government on the basis of the scope of the decision-making matters. The sectors consulted should respond to their views within the prescribed time frame.

Article 11 of the Government's major administrative decisions are closely linked to the people's public interest, and the decision-making offices should make public comments available to society on decision-making options. Matters published include:

(i) Options for decision-making and their summaries;

(ii) Means, modalities, including communication addresses, telephones, faxs and e-mail addresses, etc.;

(iii) The beginning of the consultation process (no less than 15 days).

Following the publication of decision-making options, the decision-making office should listen to the views and recommendations of the various communities of society, in accordance with the scope, degree and etc. of the public impact of decision-making matters.

Article 12 Government decisions are one of the following cases, and hearings should be held:

(i) There is a major public interest;

(ii) The public interest;

(iii) Legal, regulatory and regulatory provisions should be heard.

The hearings were carried out by the decision-making office as a hearing body, in accordance with the relevant provisions of the State and the province.

The hearings should serve as an important basis for government decision-making.

Article 13. The decision-making office shall collate the views and proposals made by the parties and shall be adopted with respect to reasonable observations and proposals; the reasons should be explained.

The decision-making offices should modify decision-making options based on the reasonable views and proposals made by the parties and form draft decisions and statements.

Article 14. The Government of the people at the district level should establish a system of coordination of the Government's major administrative decision-making. The departments concerned have different views on the draft decision-making programme, which is coordinated by the principal heads of decision-making offices, agreeing; cannot be agreed to bring the Government's coordination under the chairmanship of the Under-Secretary-General or the Deputy Director of the Executive Office (rooms), the Secretary-General or the Director of the Executive Office (rooms); there is still no consensus to be agreed and coordinated by the Government.

The decision-making matters involve a wide range of government-led and complex and coordinated difficulties, with the participation of the executive head of the Government or the sub-heading of its commission, to study, coordinate the draft decision-making programme.

Following a coordinated agreement, the decision-making office should modify and improve the draft decision-making programme in accordance with the coordination opinion.

Article 15 Governments of more people at the district level should establish a review of the legitimacy of the Government's major administrative decisions. A review of the legality of the draft decision-making programme is carried out before the decision-making is made to the Government's rule of law body or to the organization of expert review of whether the draft decision-making programme goes beyond statutory competence, whether it violates the statutory procedures and is in compliance with the provisions of the legal regulations. There is no decision-making without the review of legality or review.

Article 16 shall bring the draft decision-making programme to the plenary of the Government or to the discussions of the Standing Committee, in accordance with the rules of work of the Government.

The following materials should be sent to the Government to discuss the draft decision-making programme:

(i) Draft decisions and statements;

(ii) Relevant legal, regulatory, and policy provisions;

(iii) Expert evidence report;

(iv) Consolidated material and follow-up of observations, such as units, the public;

(v) Other material on decision-making matters.

The hearings were held and the hearings should also be sent.

The Government discusses the draft decision-making programme, chaired by the executive head of the Government or by the Government's delegated authority, and the composition of the meeting should be fully represented.

The moderator of the Conference shall, in accordance with the discussions of the Conference, make decisions adopted, adopted, modified, held or revisited.

The decisions of the moderator of the Conference are inconsistent with the views of the majority of the members of the Conference and should be justified.

The Government discusses the draft decision-making programme and should document the discussions and decisions of the Conference, which should be reflected in particular.

Article 18 of the Government's major administrative decision-making needs to be submitted for approval by the same party or by the parent administration, and after the decision-making opinion of the Government of the more people at the district level, approval by the PPP or the superior administrative body.

The Government's major administrative decision-making should be brought to the same-level people's Congress or its Standing Committee for its consideration of the decision, and after the decision-making observations of the Government of the more than the people at the district level, the Assembly of the same-ranking people or its Standing Committee for its consideration.

After significant administrative decision-making by the Government of Article 19, public information should be made public in a timely and accurate manner, in accordance with the provisions of the Public Regulations of the Government of the People's Republic of China.

Article 20 of the Government's Executive Office (rooms) should work and responsibilities for major administrative decisions of the Government in a timely manner, with clear decision-making implementation units and work requirements.

Article 21, the Policy Implementation Unit should develop a decision-making implementation programme, in accordance with the specific requirements of the Government's major administrative decision-making, with clear leadership responsibilities, specific institutions and responsibilities, in order to fully, in a timely and accurate manner follow up on the Government's major administrative decisions, to ensure the quality and progress of decision-making implementation, without the non-implementation, deferral and enforcement.

The Government's sub-heading should be regularly informed of the relevant information on the implementation of the Government's major administrative decisions by the decision-making implementing units, to coordinate timely solutions to problems arising in the implementation process; to involve multiple government management leadership and complexity, to draw the Government's executive heads to convene thematic meetings to study problems and to improve the implementation of decision-making measures.

Article 23 of the Government's Executive Office (rooms) is responsible for the inspection, promotion, evaluation, etc. of the implementation of the Government's major administrative decision-making, and should take steps to follow up, monitor and control the implementation, progress and problems of decision-making and report to the Government in a timely manner.

Article 24 Governments of more people at the district level should establish a post-assessment system for the implementation of major administrative decision-making by the Government, to find issues in the implementation of decision-making in a timely manner and to adjust and improve decision-making, including through sampling inspection, tracking, assessment.

The decision-making implementing units have found that the objective conditions relied upon by the Government for major administrative decisions have changed or cannot be achieved by force majeure, which should be reported to the Government in a timely manner; civil, legal or other organizations believe that the Government's major administrative decisions are inappropriate and can be presented to the Government. The Government should carefully study and make decisions on the continuation, cessation of implementation, suspension or modification of decision-making based on the facts.

Article 25, in violation of this provision, has one of the following cases, and in accordance with article 19, paragraph 1 (i), of the Regulations on the Civil Service of the Administration, the civil service responsible for the leadership:

(i) The decision-making should be heard without hearing;

(ii) No review of legality or review of decision-making;

(iii) Decision-making without collective discussion.

Article 26, in violation of this provision, should be made in accordance with the law, without decision-making, toys negligence and miscarriage, and to dispose of the person directly responsible, in accordance with article 20 of the State Department's Civil Service Disposal Regulations.

In violation of this provision by the Policy Implementation Unit, the Government's major administrative decisions cannot be properly implemented and, in accordance with article 19, subparagraph (b), of the State Department of State's Ordinance on Civil Service Disposal, the civil service responsible for leadership and other direct responsibilities are disposed of.

Article twenty-eighth activities such as the introduction, implementation, supervision and supervision of major administrative decision-making in the work sector of the town's people's Government, the communes and the people's governments, are implemented in accordance with this provision.

Article 29 of the present provision is implemented effective 1 October 2008.