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Government Major Administrative Decision-Making Procedures

Original Language Title: 西安市政府重大行政决策程序规定

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Chapter I General

Article 1 guarantees the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with laws, regulations and regulations such as the People's Congress and Local Government Act of the People's Congress of the People's Representatives of the People's Congress of the People's Republic of China, the Department of State's Comprehensive Promotion of the Framework for the Implementation of the Law of the Judiciary and the provisions of the Economic and Social Commission for Western Asia Administrative Procedure.

Article 2

The major administrative decisions referred to in this article refer to the decisions taken by the Government of the urban, district (territorial) people, in accordance with its statutory mandate, on matters that are closely related to the interests of the people.

Article IV Governments should establish administrative decision-making mechanisms such as risk assessment, expert advice, public participation, review of legitimacy, collective discussion decisions, post-assessments and accountability.

Article 5

The Office of the High Contracting Party shall determine or be appointed by the principal authority of the Government in accordance with its statutory authority.

The Government's rule of law body is responsible for the review of the legitimacy of major administrative decisions.

Government research institutions, participating agencies should provide relevant services, such as policy, professional advice, for major administrative decisions.

The Government's administrative oversight body is responsible for accountability for violations of the provisions of the major administrative decision-making process.

Development reforms, finance, development and other relevant sectors of the Government are related to significant administrative decision-making in accordance with their respective responsibilities.

Chapter II

The following matters should be included in the scope of major administrative decisions:

(i) Develop major policy measures for economic and social development and prepare national economic and social development planning, annual plans;

(ii) Develop a variety of overall planning, important regional planning and specific planning;

(iii) Preparation of financial advances and major financial arrangements;

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

(v) Develop major policies and measures for resource development, environmental protection, rural and urban construction, labour employment, social security, population and family planning, education, health, food medicine, material protection, residential construction, safe production, transport management;

(vi) Developing, adapting important administrative fees and introducing important commodities, services prices for government pricing or government guidance;

(vii) Major measures for institutional reform;

(viii) Other matters that require the full, long-term impact of government decision-making or are closely related to the interests of citizens, legal persons, other organizations.

Specific matters of major administrative decision-making are determined by the authorities of the urban, district (territorial) people within the context of the preceding paragraph and made available to society.

The draft local legislation suggests that government regulations and normative documents are developed, that personnel are exempted from and processed in major emergencies and other decision-making matters, and that laws, regulations, regulations and regulations provide for their procedures to be implemented in accordance with their provisions.

Article 7.

The Government's work sector, the immediate body, the Government of the lower-ranking people and civil, legal or other organizations consider important matters to be brought to the Government's decision-making.

Article 9. Key administrative decision-making matters raised by the main Government holder, with the signing of the decision-making process by the principal holder.

The executive decision-making recommendations made by the Head of Government are presented to the executive head of the Government to determine whether significant administrative decision-making processes are in place.

The Government's work sector and the Government's main executive decision-making recommendations are reviewed by the Head of Government, and the principal heads of the Government determine whether the decision-making process is conducted.

The decision-making recommendations made by citizens, legal persons or other organizations are consulted by the Executive Office of the Government (rooms) after the review of the relevant sector, after the submission of the first instance opinion, by the Head of the Government, and by the main Government holder.

Chapter III Drafting procedures for decision-making

Article 10 The POs should conduct in-depth studies to fully and accurately capture the information required for decision-making and, in accordance with the scope involved in decision-making matters, consult with the parties on the basis of the full consultation argument, form the draft decision-making programme.

Draft decision-making programmes should generally include decision-making goals, work mandates, methods of measures, time-bound steps, decision-making delivery and cooperation sectors, funding budgets, post-decision-making evaluations, and should be accompanied by a drafting note.

The POE may entrust experts, professional service agencies or other organizations with the corresponding capacity to complete professional work.

More than two options for decision-making should be drawn up for a multi-programme comparative study or more controversial matter.

Article 12 Risk assessment of the draft decision-making programme should be carried out by the UNOPS. There is no decision-making without risk assessment.

The risk assessment of social stability should be assessed on the social contradictions, group events or other destabilizing factors and indicators that may be triggered by the Government's major administrative decision-making, determining the level of risk and making relevant observations and recommendations.

Environmental risk assessments should provide analysis, forecasting and assessment of environmental impacts that may result from major administrative decision-making, responses and measures to prevent or mitigate adverse environmental impacts.

Economic risk assessments should provide analysis and assessment of the level of inputs, affordability and cost-effectiveness of financial funds, with relevant observations and recommendations.

In addition to non-public matters under the law, the Procedural Unit of Decision-making shall seek public advice through the Government website, the media or other public-friendly means of public awareness. Publication matters include:

(i) Draft decision-making programmes and their statements;

(ii) Means, modalities and time for public submissions;

(iii) Communications addresses, telephones, faxes and e-mail.

The Office of the High Commissioner for Policy Matters publishes draft major administrative decision-making programmes without less than 20 days.

Following the publication of the draft major administrative decision-making programme, the Office of the Procedural Unit should widely listen to public views on the basis of the scope and extent of the impact of major administrative decisions on the public.

The scope of public participation and the choice of representatives should ensure that the views of the affected public are equitably expressed. Major administrative decision-making needs to be taken into account in terms of social identity or affordability, and decision-making units may entrust specialized investigation agencies with conducting public-level investigations. The specialized investigation body should have written investigation reports.

Article 15. Major administrative decision-making matters involve one of the following cases, and the office of the decision-making authority shall hold a hearing:

(i) Legal, regulatory and regulatory provisions should be held;

(ii) There are significant differences in views on the draft decision-making with respect to major public interests or the interests of citizens, legal persons or other organizations;

(iii) The Government of the people of the city, the district (zone) decides to hold hearings.

After the hearings, the office of the decision-making matters should form a hearing report.

Article 16 shall organize expert or research advisory bodies in the relevant fields to make the necessary, feasibility, scientific evidence of the draft Government's major administrative decision-making programme.

A decision-making office should classify expert opinions and should be adopted with respect to reasonable opinions; the reasons should be explained.

Article 17: The institution of decision-making matters shall determine or select experts to participate in the arguments from the experts involved in major administrative decisions to ensure the representation and balance of experts participating in the arguments.

Article 18

(i) Request for consideration;

(ii) Draft decision-making and drafting notes;

(iii) Adoption of the draft decision-making process, as well as hearing reports, expert evidence reports, risk assessment reports, etc.;

(iv) The same or similar projects in the country and abroad should provide information;

(v) Other submissions.

The draft decision-making contained more than two options, and the sub-office should analyse the advantages and disadvantages in the drafting notes and make the preferred observations.

In one of the following cases, the UNOPS shall make a special note in the delivery materials and make recommendations for the response:

(i) There is a greater divergence among the parties in the process of seeking advice on major administrative decisions, which are still not resolved by the organization's consultations;

(ii) The risk of significant administrative decision-making is considered by risk assessment;

(iii) The expert opinion considers that significant administrative decisions are not professional or technically feasible.

Chapter IV Review of legality

The Executive Office of the Government (room) has received material from the decision-making office, which has been considered to be backed by the material to be transferred to the Government's rule of law bodies for the review of legality; it was considered that the material was not sufficient and should require that the services of the decision-making process be brought together.

Article 21 reviews of legality as follows:

(i) The conformity of decision-making matters with the statutory competence;

(ii) The legality of the content of the draft;

(iii) The draft formulation process is in compliance with the statutory procedures.

In the course of the review of legality, the Government's rule of law institutions may require the relevant material from the decision-making offices in accordance with the review.

The second article of the Government's rule of law, in the course of the review of legality, considers it necessary to invite the relevant experts to give legitimacy. The argument of legality should be one of the basis for a review by the Government's rule of law body.

Article 23 of the Government's rule of law bodies should make the following review of the draft decision based on different circumstances:

(i) Recommendations to be submitted to the Government for its consideration;

(ii) Recommended revisions to be submitted to the Government for its consideration;

(iii) Significant issues that go beyond the Government's statutory competence, draft content or drafting process need to be refined and recommendations are not submitted for consideration by the Government.

Chapter V

The draft decision-making programme should be decided by the Government's standing or plenary meeting.

After receiving a review of the legitimacy of the Government's rule of law bodies, the Government's Executive Office (room) was of the view that it could be submitted for consideration by the Government and that the executive heads of the Government should be reminded to organize the deliberations of the Standing Committee or the plenary meeting of the Government and that they should not be submitted for consideration by the Government and should be backed up to the institution of decision-making matters to require their refinement.

Article 25 The Standing Committee of the Government or the plenary shall adopt, adopt, adopt, modify, reconsider or hold decisions on major administrative decision-making matters.

During the time of the draft decision-making programme, the decision-making service may be brought to the Government for reconsideration on the basis of the actual situation, and whether it should be considered again by the executive head of the Government. The draft decision-making programme, which was held for more than one year, was no longer considered.

Major administrative decision-making matters are to be reported to be addressed in accordance with the procedures set out in the decisions taken by the same party or by the General Assembly and its Standing Committee.

Article 26, in addition to non-public matters under the law, should publish, in a timely manner, major administrative decisions through Government websites, the media, etc.

Chapter VI

Article 27 Governments should carry out work tasks and responsibilities for major administrative decision-making, specifying the requirements for policymaking organs and work.

In accordance with the implementation requirements of major administrative decisions, the decision-making organs should conduct regular assessments of the implementation of decisions and report on the findings to the policymaking organs in a timely manner.

Article 29 of the Government's Executive Office (rooms) is responsible for the inspection, supervision, etc. of major administrative decision-making implementation, taking measures such as follow-up, supervision, etc., to ensure the proper implementation of decision-making programmes and to report to the Government in a timely manner on the conduct of inspections.

Article 33 Civil, legal and other organizations believe that major administrative decisions and their enforcement are incompatible or inappropriate, may be submitted to decision-making organs or decision-making organs.

Major executive decisions and their implementation are governed by the law by the Principality, the members of the PDR.

The decision-making authority should report on the implementation of major decisions to decision-making organs in a timely manner.

In the implementation of the decision-making organs, it was found that the objective conditions relied upon by major administrative decisions were changing or force majeure, which could not be achieved in part or in all, and that recommendations should be made to decision-making bodies to put an end to implementation, suspension or revision of decision-making.

Article 32 should be carefully studied by decision-making bodies, in accordance with the recommendations made by the decision-making organs or by civil, legal and other organizations, and in accordance with the procedures set out for the continuation, cessation of implementation, suspension or revision of decision-making programmes.

Article 33, decision-making organs should take effective measures to avoid or reduce losses, by making decisions to cease implementation, suspension or revision.

Article 34 establishes a system of accountability for lifetime and accountability for major administrative decisions. In violation of this provision by executive organs and relevant staff, or in the drafting, implementation and supervision of decision-making, negligence, infrastructural fraud, corruption and bribery, are in contravention of the law, in accordance with the regulations on the disposition of civil servants in the executive branch and the relevant party disciplinary provisions; and the transfer of criminal responsibility to the judiciary.

Social institutions or persons responsible for the conduct of public opinion investigations, expert opinions, risk assessment work are charged with misleading, reporting or information that violates objective regulations and facts, causing serious consequences, and violations are recorded in good faith in the record of the archives and are held accountable under law.

Chapter VII

Major administrative decision-making procedures of other executive organs are implemented in accordance with this provision.

Article 36 The National Executive Office of the SAsian Municipalities, issued on 20 February 2009, repealed the major administrative decision-making procedures of the Government of the Western Anian Municipalities (No.