County, Guangdong Province Authority To Reform (For Trial Implementation)

Original Language Title: 广东省县镇事权改革若干规定(试行)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
County, Guangdong Province authority to reform (for trial implementation)

    (The people's Government of Guangdong Province on January 21, 2011 11th 68th Executive meeting on May 5, 2011 158th promulgated by the people's Government of Guangdong Province as of July 1, 2011) Chapter I General provisions

    First in order to promote the county authority to reform and promote coordinated economic and social development, on the advice of the State Council on strengthening the construction of Government governed by law and the plan for the reform and development of Pearl River Delta (2008-2020), the Standing Committee of the Guangdong provincial people's Congress on the promotion and guarantee of integrated reform experimental town, Shunde district, Foshan City decision and related laws and regulations, combined with the facts of the province, these provisions are formulated.

The second town within the administrative area of the province authority to reform, expansion of County and township people's Government (hereinafter referred to as town and county governments) administrative powers, standardization and oversight of its terms of reference, the present provisions shall apply.

    Administrative powers in these rules, including non-administrative licensing approvals, such approval, administrative punishment and administrative compulsory powers.

    Third counties authority to reform should adhere to the scientific development, unity of powers and responsibilities, principles of classification guidance, actively and steadily, with decentralization, a focus on changing functions, straightening out relations, optimizing the structure, enhance the County Government's financial dominance, social management and public services.

Forth people's Governments at various levels shall strengthen the county authority to reform work within their respective administrative areas of organizational leadership, advance the reform of county authority according to law.

Relevant departments of the people's Governments above the county level and shall, in accordance with County and town Governments reform work requirements, authorized or entrusted by law (hereinafter referred to as adjusted) administrative powers, strengthen the guidance and supervision of subordinate organs terms of reference of the exercise.

Development reforms, institutional development department is responsible for the county authority to reform work.

    Finance, human resources and social security, monitoring, Legal Department doing related work in accordance with their respective responsibilities.

    Article fifth County governance reform should conform to the laws, rules and regulations, expanded administrative powers according to law, standardize terms and monitoring exercise.

    Sixth county authority shall follow the principles in line with the reform, building and County personnel, to adapt the competence of Government Administration financial management system.

    Chapter II simple policy to enlarge the

The seventh law, rules and regulations provided by the local people's Governments at or above the county level and their departments, but administrative powers not specifically clear hierarchical management permission, subject to unified coordination and administration of matters by the higher administrative authority, exercised by the people's Governments at the county level and their departments.

Laws, rules and regulations by the provincial, prefecture-level city governments and their departments to exercise administrative powers, subject to unified coordination and administration of matters by the higher administrative authority should be adjusted according to law by the people's Governments at the county level and their departments in accordance with this exercise.

    Designated by the provincial people's Government to have a certain population size and economic strength of the large town, can be legally granted the people's Government of the people's Governments at the county level and their departments in the economic development, market supervision, social management and public services, the livelihood of some administrative functions.

Eighth provincial people's Government, according to the State Department in the region of Pearl River Delta reform and development plan (2008-2020) of the authorization, may decide to county-level people's Governments and their departments to exercise administrative regulations and Department rules provided for by parts of the prefecture-level city governments and their departments to exercise administrative powers.

    Provincial people's Government, according to the State Department in the region of Pearl River Delta reform and development plan (2008-2020) of the authorization, you can decide large town Government to exercise administrative regulations and Department rules and regulations of some administrative powers and functions exercised by the people's Governments at the county level and their departments.

Nineth provincial government mandated by the provincial people's Congress or its Standing Committee, may decide County-level people's Governments and their departments to exercise local regulations by the administration of the prefecture-level city governments and their departments to exercise authority.

    Provincial government mandated by the provincial people's Congress or its Standing Committee, may decide King town Government to exercise local regulations requiring the exercise of administrative authority by the people's Governments at the county level and their departments.

Tenth article approved by the provincial people's Government, of county-level people's Governments and their departments provincial government regulations may be exercised by the administration of the prefecture-level city governments and their departments to exercise authority.

    Approved by the provincial people's Government, King Township people's Governments may exercise provincial regulations of administrative powers and functions exercised by the people's Governments at the county level and their departments.

    Article 11th pilot County of county-level people's Governments and their departments can directly exercise their provincial government regulations by the administration of the prefecture-level city governments and their departments to exercise authority.

The 12th provincial, prefecture-level city governments and their departments according to the provisions of the second paragraph of this article seventh, laws, rules and regulations can be exercised by the administration of the terms of reference, trusting the people's Governments at the county level or their departments.

No area of prefecture-level cities, county-level people's Governments and their departments in accordance with the provisions of the seventh article of provisions, laws, rules and regulations can be exercised by the administration of the terms of reference entrusted Township people's Government exercise.

    Delegate authority shall delegate terms and delegates administration of the content shall be published, in accordance with laws and regulations, and regulations is entrusted with the authority to provide the appropriate legal instruments.

13th the following administrative powers may not be adjusted by the township government to exercise:

(A) the right to administrative penalties restricting personal freedom;

(B) involving citizens, legal persons or other organizations entitled to qualified administrative licensing;

(C) the provisions of laws and administrative regulations by the administrative organ or the technical implementation, through inspection, inspection, quarantine and other ways of directly related to public safety, human health, life and property safety of the equipment, facilities, products, articles for approval of administrative licensing;

    (D) the provincial Government thinks may not be adjusted other administrative powers and functions exercised by the township government.

    14th needs to be adjusted by two or more areas of implementation of the administrative licensing, non-administrative license approval matters, coordinated by the Department in charge of examination and approval system reform, synchronous adjustment.

15th according to the provisions of article eighth and Nineth authorized administrative matters, tenth, formulated by the provincial government directory, and announced to the public.

Administrative permit, non-administrative license approval list of adjustments, in conjunction with the relevant departments of the province by the provincial development and reform Department and business-level municipal people's Government proposed.

    Directory administrative punishments, administrative enforcement and other matters, the provincial governments for rule of law institutions in conjunction with the relevant departments of the province and prefecture-level city people's Government proposed. 16th provincial departments and local people's Governments at all levels can change directories recommendations to the provincial people's Government.

    Alteration, in accordance with the provisions of article 15th.

17th administrative powers expanded, town and county governments should strengthen the cultivation of social organization, planning and management, development and improvement of community services.

    Involving financial, auditing, public service, advocacy training, asset valuation, industry rankings and logistics, professional, technical, transactional work, town and county governments can either delegate or purchase of services, such as, social organizations according to law; do not belong to the Community administration of public affairs and welfare undertakings, town and county governments should be managed by the community.

    18th town and County Governments pursuant to economic and social development in their respective administrative areas, considered that the administrative license through the People's Republic of China listed in the 13th article of the administrative licensing law to address, in accordance with legislative mandates apply to the provincial people's Government, or the larger municipal people's Government, shall be reported by the duly empowered authorities decided to stop the execution.

    Chapter III terms of reference of the exercise

    19th County-level people's Governments and their departments, King Township people's Governments shall, in accordance with the laws, regulations and rules shall programs exercise the higher level people's Governments and their departments to adjust the exercise of administrative authority.

20th administrative licensing, non-administrative license approval after the adjustment by the lower administrative organ to exercise, the implementation authority shall, in accordance with the principles of convenience and efficiency, simplification of procedures and commitment to implement Executive asking system of job responsibility and a handle system, shortening the term.

    Administrative licensing, non-administrative license approval carried out by two or more county-level people's Government departments, county people's Governments shall establish a Department accept administrative licensing, non-administrative license approval applications, and in consultation with the relevant departments through the integration of.

Article 21st by the prefecture-level city governments or the sector after the audit submitted to the provincial people's Government or the approval of an administrative license, non-administrative licensing approval, has been adjusted by the county or the Department, County or the Department can be directly submitted to the provincial people's Government or its departments, prefecture-level city governments or the Department.

    Original subject to county-level people's Government or its departments after the prefecture-level city governments or the approval of an administrative license, non-administrative license and approval, has been adjusted by the King town government audits, King Township people's Governments can be reported directly to the municipal level Governments or the approval of the Department, County or the Department.

22nd town and county governments should be based on actual needs and principles established for the convenience of integrated administrative services, unified acceptance, handling of administrative licensing, non-administrative licensing approval.

    Town and county governments should gradually improve cross-sectoral harmonization of interconnection of e-Government and public service platform, promote online social services and Chief of administrative permits, non-administrative license approval process online.

23rd mega Township people's Governments shall be integrated set of administrative law-enforcement agencies, the unified exercise of the people's Governments at the corresponding level of administrative punishment and administrative compulsory administrative law enforcement powers.

    After the adjustment of administrative law enforcement power exercised by the King town government, superior departments agencies accredited to the Township people's Governments shall carry out the appropriate merge.

24th County Government to take major decisions should be subject to public participation, expert, risk evaluation, review and group discussion to decide the legality of procedures does not conform to the decision making process, not make decisions.

    County Law Agency, Township people's Governments in charge of Legal Affairs of the institution is responsible for the legality of the Government's decision to review the same level work matters of major policy decisions without the review or the review of legitimacy not legal, cannot be submitted to the Government for leadership discussions.

25th province following the vertical management departments corresponding to the County Government Administration Department when the target task shall be coordinated with the County Government, related administrative law enforcement work supervised by the County Government.

    Except as expressly provided in laws and regulations, superior departments agencies accredited to the Township people's Government to implement a dual leadership system, its business to undertake coordination and oversight of the Township people's Government, in charge of personnel matters in accordance with the prescribed procedures seek the advice where Township people's Government.

    The fourth chapter, supervision and inspection

26th people's Governments above the county level shall establish and improve County Government Administration evaluation system regularly to check the County Government Administration, evaluation results as a basis for government performance evaluation.

Town and county governments should establish and improve the responsibility system for administrative law enforcement, strengthening norms and supervision of administrative enforcement action.

    Township people's Governments should step up monitoring work force, specific institutions and personnel in charge of Legal Affairs, to perform their oversight functions.

27th town and county governments should establish and improve the system of Government information publicity, executive law enforcement functions of the relevant units, bases, scope, standards, procedures, and enforcement matters entrusted to the public.

    County Government Administration should be established and administrative organs at a higher level platform for information sharing, to accept the guidance and oversight of the Executive.

    28th adjustment by the people's Governments at the county level and their departments, King Township people's Governments to implement the administrative licensing, non-administrative licensing items shall be incorporated into the administrative examination and approval of electronic surveillance system.

    29th King town administrative law enforcement by the people's Governments above the county level people's Government legal organization training, assessment, examination, in accordance with the provisions to apply for provincial people's Government, unified system of administrative law enforcement in charge of law enforcement.

    30th power of administrative punishment implemented by higher administrative authorities entrusted, entrusted with the authority to implement the administrative penalty when notice of administrative penalty shall be copied to delegate authority.

    31st King town government made major administrative punishment or administrative decision shall from the date of decision, 15th Legislative Affairs submitted to its previous level within institutions and administrative departments. 32nd article administration terms in accordance with this provides eighth article, and Nineth article, and tenth article of provides adjustment by County Government and sector, and King town government exercise Hou, citizens, and corporate or other organization on County Government, and King town government made of related specific administrative behavior refuses to of, can law up level Government application administrative reconsideration; citizens, and corporate or other organization on County Government work sector made of related specific administrative behavior refuses to of,

    Can law apply to departments of the people's Governments at the corresponding level or at the level of administrative review.

33rd people's Government above the county level and their departments in accordance with the provisions of article adjust administrative permissions, or county-level people's Governments and their departments, Township people's Government in accordance with the provisions of administrative powers according to the law, by level or by the people's Governments shall order rectification refuses, criticized in serious cases, pursue its chief responsibility.

    King town no administrative powers according to the law, if the circumstances are serious, have a major social impact, adjustments can be cancelled by the province people's Government exercise of administrative authority.

    The fifth chapter supplementary articles

    Article 34th King town of specific measures, in accordance with the CPC Guangdong Provincial Committee Office, people's Government of Guangdong Province on Jane, Office of the chief town of governance reforms implementation of the guidance.

    Reform of county authority in 35th district, subdistrict offices, approved by the provincial people's Government, respectively, exercise County (county-level cities) and township people's Government of the people's Government with Executive power. 36th article of the regulations come into force on July 1, 2011.