Chapter I General provisions article in order to regulate the major administrative decisions of the Government, improve the decision-making mechanism by law, improving the quality of administrative decision-making, in accordance with relevant laws and regulations, combined with State practice, these provisions are formulated.
Second flag made by the people's Governments above the county level in accordance with statutory terms of reference, relates to the Administration's economic and social development, social covers a wide range, and major issues closely related to the interests of the public administrative decision-making, these provisions shall apply.
Personnel appointment and removal of the people's Governments above the county level, as well as management measures developed for internal affairs, these rules do not apply.
Prepare the draft local laws and Government regulations and emergency response decision making procedures, in accordance with the relevant laws and regulations of the State.
Third major administrative decisions should adhere to scientific, democratic and legal principles, implementation of public participation, expert, risk assessment, review of legality and collective discussion and decision procedures, ensuring that administrative decision-making system, procedure, process, open and accountable. The fourth major executive heads of government administrative decision-making responsibility.
Chief Executive leadership according to law of the people's Governments at the corresponding level of major government administrative decision-making, head of head of Government is in charge of assisting the Government in administrative decision making.
The fifth major administrative decisions of the Government need to consult reporting party, the people's Governments above the county level shall report before the decision to the party committees at the same level.
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, by the flag decision recommendations made by the people's Governments above the county level, drew the same level people's Congress or its Standing Committee consideration of the decision in accordance with law.
Sixth flag above the county level shall be responsible for the implementation of this provision.
Government legal agencies above the county level are responsible for the legitimacy of the people's Governments at the corresponding level major administrative decision review process. Second chapter major administrative decision range seventh article following matters should included major administrative decision range: (a) economy and social development planning, and plans and economic and social development strategy, various general planning, and focus regional planning and major special planning of prepared; (ii) major financial using, and major government investment project arrangements, and important public resources configuration and major State-owned assets disposal; (three) urban and rural construction, and environmental protection, and land management, and labor employment, and social security, and technology education, and medical health, and
Food and pharmaceuticals, housing, safety, public transport and other aspects of the formulation of major policies and measures (iv) important administrative fees as well as the importance of Government pricing utilities, public service price adjustment and (v) other important matters that require decisions by the Government.
Flag under the people's Governments above the county level prescribed in the preceding paragraph, combined with the Administration's economic and social development reality, identify significant scope of administrative decisions.
Chapter III major administrative decision-making procedures the eighth Government Executive heads, heads of government responsibilities, Secretary General of the Government or the Office of the (room) Director, government departments in charge, in accordance with their respective functions and powers, and the Division of work and recommendations made major administrative decisions.
Considered necessary by the higher people's Government for decision the lower level people's Government, can higher level people's Government proposed a major administrative policy recommendations.
NPC deputies and CPPCC members can adopt recommendations proposed a major administrative decisions, proposals and other proposals.
Citizens, legal persons or other organizations may appeal to the relevant departments of the Government and its major administrative decision-making advice.
Nineth Executive Heads agreed to by the Government as a matter of major administrative decisions, determined by the Executive Heads of Governments or heads of Government in charge of decision making Organizer; significant administrative responsibilities of decision-making issues involving two or more units, it should be made clear to take the lead Organizer.
Article tenth of the major administrative undertaking units decision should carry out research work, investigation of major administrative decision shall include the following particulars: (a) the status and decision-making matters, (ii) decision the necessity and feasibility of; (c) decision-making matters according to the laws, regulations and policies and (iv) other contents that require investigation.
11th the undertaking units shall, after investigation, to develop major administrative decisions.
12th the undertaking major administrative decisions should be open to the public for comments, public comment time shall not be less than the 20th.
Major administrative decision-making on matters related to State secrets, business secrets, but will not be made public for comment.
13th major administrative decisions for public comment should be through newspapers, Internet or media such as radio and television.
14th belongs to the second item, third item of the article seventh range and personal interests of the public, in public comments to the community at the same time, can also entrust the social organizations, professional bodies and other third party opinion polls.
Undertaking unit shall report on the formation of soliciting opinions concerning major administrative decisions adopted, and through appropriate feedback.
15th major administrative decision has any of the following circumstances, shall hold a hearing: (a) the personal interests of the public, (ii) may affect social stability, (iii) public sharply divided on major administrative decisions; (d) the laws, regulations, rules and regulations should be heard.
16th hearing organized by the undertaking units.
Undertaking unit shall, at the hearing of the major administrative decisions to spell, and accepted participants in the hearing of the inquiry.
17th undertaking unit shall hold a hearing to the public before the 30th hearing matters, time, place, participants in the hearing of places and enrolment procedures and conditions, and so on. 18th participation of citizens, legal persons or other organizations may apply for a hearing. Unit of the undertaking in accordance with the principle of universality and representation, according to the nature of the hearing, complexity, and scope and other factors, in accordance with the conditions of participation of citizens, legal persons or other organizations in the selection of participants in the hearing and to the public.
And have a stake in hearing matters of citizens, legal persons or other organizations can have priority in selection for the participants in the hearing.
19th unit of the undertaking may, as required, invite the relevant professionals, experts and scholars to attend the hearing.
20th the undertaking unit should be the major administrative decisions, drafting instructions and other related materials in the 5th served on the participants in the hearing before the hearings. 21st hearing shall make a record of hearing.
Undertaking unit according to the record of hearing the hearing report, on reasonable comments and recommendations should be adopted has not been adopted, participants in the hearing shall be justified.
22nd to held a forum to solicit public opinions, the undertaking shall invite the interested citizen, legal person or other organization representatives.
In public opinion polls to solicit public opinion, may appoint a special research institutes, specialized research institutions should issue a written report.
23rd the undertaking shall organize relevant experts in the field of or professional organizations of the major administrative decisions the necessity, feasibility and scientific arguments.
24th the undertaking unit should be submitted to demonstrate the view of the experts or professional organisations feedback from expert advice taken. The 25th major administrative decisions could have on social stability, ecological environment and adversely affect the economy, demonstrates the people's Governments above the county level should establish sector, expert advice, public participation, a combination of professional agency evaluation risk assessment mechanism.
Flag the people's Governments above the county level may specify the undertaking units or other departments to carry out social stability risk, environmental risk and economic risk assessment, and a written assessment report.
26th policy-making organs should be an important basis for risk assessment as a decision making.
Assessment is that major administrative decisions present a lower risk, you can make decisions through assessment that matters there is a high risk of major administrative decision, decisions can be made, but should take effective measures to prevent and resolve risks after implementation through high risk assessment is that major administrative decisions, decision-making authority shall not make a decision, or should adjustment programmes, reducing risk and decision making.
27th article decision hosted units should according to sought views, and experts argument, and risk assessment of results modified, and perfect major administrative decision programme, and will following material submitted sibling Government: (a) drew attention to the considered of asked; (ii) major administrative decision programme and drafting description; (three) major administrative decision sought views of adopted situation report, and hearing report, and experts argument report and risk assessment report,; (four) other need submitted of material. 28th flag material received the undertaking submitted by the people's Governments above the county level shall be subject to the Government or the Secretary-General in charge of the Under-Secretary-General (surveyed surveyed the Office of Director or Deputy Director, is in charge of) for review, go the Government legal organization for legal review.
Without a review of legality or validity review unlawful shall not be submitted to the local government for consideration and decision.
The 29th government legal agencies mainly from the review of the legality of the major administrative decisions in the following areas: (a) the legality of decision-making authority; (b) the legality of the decision-making process, and (iii) the legality of the content, (iv) laws and regulations need to be reviewed the legality of content.
30th the Government legal organization reviews the legality of shall issue a written review.
31st major administrative decisions shall be subject to Government Executive meeting or plenary session decided collectively, and make the principle of adoption, adoption, to adjourn the debate revisited, revised, or fail decision.
After the 32nd major administrative decisions, in addition to shall be kept confidential by law, flag Government of the people's Governments above the county level shall, through official websites, the media to the public.
33rd people's Government above the county level should establish a major administrative decision assessment system.
Flag the people's Governments above the county level may specify a decision Organizer, policy executive departments, or other departments to carry out major administrative decision assessment. Major administrative decisions shall assess the implementation of departmental after a written assessment report.
Evaluation reports should serve as the major administrative decisions continue to implement, adjust or stop an important basis for implementation.
Fourth chapter legal liability article 34th major administrative decisions implementation of accountability and responsibility mechanism of retrogradation.
35th violations of the provisions of this article, without legal review or make major administrative decisions without collective discussion, in accordance with the punishment of civil servants of administrative organs of the 19th article of the Ordinance provides that the disciplined personnel with responsibility for leadership.
Article 36th made decisions without a decision according to law, dereliction of duty, delaying work, in accordance with the regulations on the punishment of civil servants of administrative organs 20th of the rules, the disciplined personnel are directly responsible.
Fifth chapter supplementary articles article 37th people's Government above the county level departments, Township Township people's Government has made major administrative decision-making procedures, reference to these provisions. 38th article of the regulations come into force on June 1, 2015.