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Provisional Rules For Major Decision-Making Process Of Gansu Province

Original Language Title: 甘肃省人民政府重大决策程序暂行规则

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(Adopted at the 96th ordinary meeting of the Government of the Grand province on 13 February 2007, No. 33 of the People's Government Order No. 33 of 19 March 2007 published as from 1 May 2007)

Chapter I General
In order to regulate the Government's important decision-making, the scientific, democratic, legal and decision-making mechanisms are sound, the quality and administrative capacities of decision-making, in line with the relevant provisions of the People's Congress and Local Government Act of the People's Representatives of the People's Republic of China, the Department of State's Comprehensive Progress Framework for the Implementation of the Law, the rules of work of the People's Government of Gang Province, which are practically developed in the province.
Major decision-making by the provincial governments referred to in Article 2 of this rule includes the following matters:
(i) Develop implementation views on the implementation of key resolutions, decisions and deployments of the Party's Central, State and provincial councils;
(ii) The study needs to report on major matters before the Committee of Governors, the People's Congress of Province and its Standing Committee;
(iii) To study the work of the provincial government, prepare national economic and social development planning, annual plans, prepare provincial fiscal budgets and arrange major earmarked funds;
(iv) To propose draft local legislation and establish government regulations;
(v) Develop major policy measures covering economic and social development throughout the province, modernization and social stability;
(vi) Development or adaptation of industrial development planning, industrial regional capital planning;
(vii) Develop or adjust major emergencies;
(viii) Examination of major governmental investment projects, State-owned asset disposal matters;
(ix) The important awards of the provincial government and the dismissal of the personnel of the Ministry of the Interior;
(x) Other important matters requiring the decision-making of the provincial government are required by law.
Article 3 of the Government's major decision-making is based on scientific decision-making, democratic decision-making and the basic principles of legal decision-making, which integrate the balance of national interests, the public interest and the personal interests of citizens, and contribute to the building of harmonious societies and the promotion of comprehensive, coordinated, sustainable development.
Article IV of the Government's major decision-making, in addition to matters relating to State secret, commercial secret and personal privacy, should be made public to society through press conferences and provincial government websites, Gordan, Gangkoh, and Jongh.
Chapter II
Article 5 Provincial governors, Vice-Ministers, provincial assistants, and the Secretary-General may make proposals for major decision-making matters of the Government in accordance with the division of duties, to be sent to the relevant municipalities and the relevant departments of the provincial government (hereinafter referred to as “decision-making offices”).
The municipal government, the provincial government component, the immediate agency, the ad hoc body, the office, the institution of the institution, the institution of the law and the institutions and other relevant units mandated to perform administrative functions (hereinafter referred to as “the decision-making body”) may make recommendations on key decision-making matters for the Government concerned.
Civil, legal and other organizations believe that certain important matters require the decision-making of the provincial government, which can be made through the municipality and the relevant departments of the provincial government.
Decision-making presents pre-session work such as research and programme drafting, based on the nature and characteristics of decision-making matters, and provides scientific, comprehensive and viable options for decision-making. More than two decision-making options should be developed on the basis of differing views on issues requiring multi-programme comparative studies or the existence of disputed consultations.
The decision-making proposal may entrust experts, professional service agencies or other organizations with the appropriate capacity to complete professional work.
Article 7. The decision-making process shall not include:
(i) The information collected is real or outdated;
(ii) Loss of the necessary information;
(iii) To conceal and distort the true situation;
(iv) Disclosure requires confidential information.
Article 8. Decision-making presents the relevant information required to conduct in-depth decision-making studies with the sub-offices to fully and accurately capture the decision-making process; Decision-making on resource allocation should be integrated and cost-benefit analysis, which can be quantified.
Article 9. The decision-making proposes major decision-making matters that are relevant to the wide range of people and are closely linked to the interests of the people, which should be made available to society through the main media and websites in the province, to the wide range of views and proposals and to form a social indicative report; the need for a hearing to be held in accordance with the law, to form a report of the hearings as an important basis for the provincial government decision-making.
The argument of major approaches and measures should be heard by democratic parties and non-party actors.
Article 10. Priorities for decision-making should be brought before the provincial government has been brought to the opinion of the Provincial Government Expert Advisory Committee to provide services such as legal, policy, professional advice to the Government's major decisions.
Article 11 is governed by law by the decision-making matters within the purview of the provincial government and the State's government, as well as by other State bodies, social groups, business units, brokering agencies and individuals, who are able to decide freely by law.
Chapter III
Article 12 deals with major economic construction, political construction, cultural construction and social construction throughout the province, and must be followed by procedural decision-making, with the agreement of the Provincial Commission.
Article 13 of the Government's major decision-making should be based on the provisions of the Rules of Work of the People's Government of Gangong Province, to be chaired by the Governor of the province in accordance with the needs of decision-making matters, to convene a plenary meeting of the provincial government, to be considered by the provincial governors on the basis of the deliberations.
Article XIV. Procedures for determining the topics of the provincial government plenary meetings and meetings:
(i) The relevant departments of the provincial government or the municipal government's proposals for decision-making matters, with the consent of the Secretary-General of the Provincial Government, are to be determined by the Vice-Ministerial and provincial governors;
(ii) The Vice-Minister for Deputies makes recommendations for decision-making matters, which are determined by the governor;
(iii) The governor of the province directly presents and determines the matters to be decided.
Article 15. Decision-making matters before the plenary of the provincial government or the provincial government meetings, according to which the following information is required:
(i) Policy-making programmes and notes;
(ii) Relevant legal, legislative and policy bases;
(iii) Risk forecasting or cost-benefit analysis reports;
(iv) The evaluation of the expert evaluation team;
(v) Consolidated information on the request.
Information on delivery should be sent to the provincial government office in accordance with the information provided by the provincial government plenary or the provincial government Standing Conference.
In accordance with the discussions at the Conference, the Governor of the province may adopt, modify, set aside and reconsider decisions on matters under consideration.
The decision was adopted by the Governor of the province or the Vice-Minister of his or her delegation; the amendment was made by a general amendment, which was subsequently issued by the governor of the province or by the Vice-Minister of Management, which was a major principle or substance, should be reconsidered in accordance with the procedure; the decision to be held for a period of more than one year, the consideration of the programme was automatically abolished; and the decision taken should be reconsidered by the procedure.
Article 17 provides for significant decision-making procedures of the Government, from its provisions. Major administrative matters are subject to the approval by the State Department of State or the decision taken by the Assembly of the Provincial People's Representatives and its Standing Committee, which shall be submitted to the Committee for its consideration by the Assembly and its Standing Committee by the State of Procedure.
The Office of the Provincial Government is responsible for the record of meetings and documentation of the Government's major decisions.
Chapter IV
Article 19 of the provincial Government's Executive Office conducts work tasks and responsibilities for the Government's major decision-making process, with clear implementation and work requirements.
Article 20 should be implemented in a comprehensive, timely and right manner, in accordance with their respective responsibilities, without the implementation, non-implementation, transgender implementation, pre-implementation and delays in implementation.
Article 21, the decision-making authority should report on the implementation of the Government's major decision-making in a timely manner to the provincial Government.
In the course of implementation, decision-making agencies found that the objective conditions relied upon by the Government's major decision-making bodies had changed or could not be achieved in part or in part because of force majeure, and that recommendations to end implementation, suspension or revision of decision-making were made to provincial governments in a timely manner.
The provincial Government may, in accordance with the recommendations of the implementing agency, take into account the decisions of the procedures set out in chapter III of this provision for the continuation, cessation, suspension or amendment of decision-making programmes. In emergencies, provincial governors may decide directly.
Article 22 states that the Government shall take effective measures to avoid or reduce losses by halting the implementation, suspension or amendment of the Government's major decision-making decisions.
Chapter V
Article 23 establishes a decision-making monitoring mechanism within the provincial government to strengthen the level of oversight of decision-making implementation. The provincial Government's office is responsible for the inspection, supervision, evaluation, etc. of the Government's major decision-making implementation and, in accordance with the deployment of the decision-making programme and the Government's work, to take steps to follow up on, and to ensure the proper implementation of the decision-making programme and to report to the Government on its monitoring in a timely manner.
Article 24 should strengthen the oversight of the performance and administrative effectiveness of decision-making responsibilities, and should be held in accordance with the law on the administrative responsibility of the persons involved in matters such as transcendance of decision-making authority, violations of decision-making procedures and enforcement of decision-making matters.
The audit department should incorporate the implementation of decision-making, such as the use of significant government investment funds, in the follow-up to the audit or effectiveness audit coverage, in order to strengthen the audit of economic responsibility, provide advice and report the audit reports to the provincial government heads and heads of authority and address them in accordance with the law.
Article 25. The Government's major decision-making and its implementation should be guided by the law of the Provincial People's Congress and its Standing Committee, accept the democratic oversight of the Provincial Council and listened carefully to the views of democratic parties, business associations, non-party and people's groups. At the same time, public opinion and public scrutiny are to be accepted.
Article 26 Civil, legal and other organizations believe that the relevant decision-making of the provincial government should cease or modify and make recommendations to the provincial Government. After review by the provincial Government's office, the provincial government concerned the need for a re-examining of the assessment, drawing the provincial Government's authorization to conduct a study on the decision-making assessment and to form an end to implementation, modification or continued observation. The review of the study, with the consent of the provincial government, should provide timely feedback to citizens, legal persons and other organizations that make recommendations.
Chapter VI Accountability
Article 27, decision-making organs, decision-making and the submission of rules in violation of the rules, resulted in a major misappropriation of decision-making and accountability for the responsible leadership and direct responsibilities, in accordance with the relevant laws, regulations.
Article 28, in violation of this rule, resulted in a failure to fully, in a timely and proper implementation of the Government's major decision-making organs and accountability for the responsible leadership and other direct responsibilities in accordance with the relevant laws, regulations.
Article 29, commissioned experts, professional service institutions or organizations, do not perform contractual agreements or violates the rules of work in the Government's major decision-making process, or in violation of the laws, regulations, regulations and national provisions, has serious consequences, and the relevant organs shall decede the contract in accordance with the law and hold the corresponding legal responsibility.
Article 33 discloses the confidentiality of major decision-making matters of the Government and is held accountable in accordance with the relevant provisions of the conservative National Secret Act of the People's Republic of China, in violation of the Government's provisions on the management of major decision-making archives, in accordance with the relevant provisions of the People's Republic of China Archives Act.
Chapter VII
Article 31 states, the communes of the city, can draw on this rule to develop the major decision-making rules of the Government.
Article 32, which came into force on 1 May 2007.