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Shenyang Major Administrative Decision-Making Procedures

Original Language Title: 沈阳市重大行政决策程序规定

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Chapter I General

Article 1, in order to regulate significant administrative decision-making, is well established in accordance with the legal decision-making mechanisms to increase the level of decision-making and, in accordance with the provisions of the major administrative decision-making process in the province of Extension, to develop this provision in conjunction with the current city.

Article 2

An immediate decision by an executive body is required to respond to such incidents, in accordance with the relevant laws, regulations and regulations.

This provision is not applicable to decisions on matters within the Government and which should be confidential by law.

Article 3. Major administrative decisions (hereinafter referred to as decision-making) include:

(i) Preparation or adaptation of national economic and social development planning, preparation or adaptation of overall planning for rural and urban overall planning, land-use master planning and other natural resource development use, and preparation or adaptation of important regional planning and specific planning;

(ii) Major financial arrangements relating to civil security, the Government's fund-raising arrangement and the disposal of State-owned assets that have a significant impact on the national economy in the region;

(iii) Major reform programmes and policies, measures, such as income distribution, social security, health, education, housing, labour employment, public utility fees and public service prices, for the benefit of the population;

(iv) Major public infrastructure-building arrangements in the region;

(v) The economic and social development of the region has a full and long-term impact and the wide range of other matters related to civil, legal and other organizations.

Article IV. The Executive Office of the Municipal Government is responsible for the integrated coordination and information of the decision-making process.

The municipal authorities, within their competence, have assumed their obligations under the decision-making process and are able to carry out their work.

The Municipal Rule of Law Office is responsible for the review of the legitimacy of decision-making.

The municipal administration inspectorate is responsible for monitoring the implementation of decision-making.

Chapter II

The Mayor may decide directly to initiate the decision-making process.

The decision-making proposals made by the Deputy Mayor are presented to the Mayor to initiate the decision-making process after the consent of the Mayor.

The decision-making proposals made by the municipal government service are subject to the approval of the Deputy Mayor and the initiation of the decision-making process following the approval of the Mayor.

The decision-making recommendations, including recommendations (of the Bill), were adopted by the representatives of the United Nations, the members of the Constitutive Committee, which were examined by the relevant working sectors of the municipal government, which considered the need for decision-making and initiated the decision-making process with the approval and approval of the Mayor.

Article 6 decides that the decision-making process shall be initiated by the Mayor or the Deputy Mayor shall determine the specific work sector (hereinafter referred to as the POB) and assume the research, drafting and drafting of the draft decision-making process.

Article 7. The decision-making office shall seek in writing the views of the relevant authorities of the municipal government on the draft decision-making.

In response to feedback from the functional and district, district and district governments to be adopted, the decision-making offices should consult with the unit of the opinion; consultations are still not in a position to reach agreement, and the decision-making offices should make a specific note in the context of the request.

Public participation

Article 8. The decision-making office shall fully listen to the public's rationalization and recommendations, in accordance with the scope and extent of the public impact of decision-making.

Article 9. Decision-making can be made public by, inter alia, the Government website, the media, and the time limit for the presentation is generally less than 10 working days.

Article 10 concerns important public interest, or the interests of citizens, legal persons and other organizations, while seeking public advice to society, third-party surveys such as social organizations, professional institutions may also be commissioned.

Article 11. The decision-making office should form a decision-making consultation report and adopt appropriate forms of feedback.

The result of public participation, as one of the important grounds for the decision-making of the municipal government, should be taken into account by the public.

Chapter IV Expert opinion

Article 12. The professional and technical nature of the relevant issues involved in decision-making requires further research on science, feasibility, etc., and the decision-making offices should organize experts or specialized agencies in the relevant areas, conduct expert advice, written thematic advice, or commissioning arguments, and adopt reasonable ideas and proposals.

Article 13 establishes a pool of decision-making counsellors in the municipality, whose primary responsibility is to provide advice on municipal government decision-making. Experts have introduced a dynamic management and a system of evasion of interest.

Article 14.

Article 15

(i) The selection by the decision-making office of experts from the pool of experts;

(ii) In accordance with the nature, content, complexity and time requirements of decision-making, the decision-making organs are given to the Group of Experts a sufficient time to study and provide the information required for the validation;

(iii) After the relevant study of decision-making by experts participating in decision-making arguments, written arguments should be given.

Article 16 experts participating in decision-making hearings have the right to access relevant archival information, attend relevant meetings, participate in relevant research activities, and assume the duty of the author to make the submissions, such as confidentiality.

Experts participating in the decision-making argument are generally less than three. Experts participating in the decision-making argument could be properly increased by a broader, more controversial or more complex and sensitive decision-making body.

Risk assessment

Decision-making may have a significant impact on social stability, the ecological environment or lead to greater financial risk, and the decision-making offices should conduct risk assessments, or entrust professional institutions with qualifications to conduct third-party assessments and form risk assessment reports.

Article 19

(i) A social stabilization risk assessment should be duly identified for possible societal conflicting disputes, group incidents, public safety issues and enterprises, the resilience of the population and other destabilizing factors, determining the level of risk, proposing preventive risks and enhancing controlable recommendations;

(ii) Ecological environmental risk assessment should be determined to the extent of environmental impacts, to propose effective measures to prevent or mitigate adverse environmental impacts, and to conduct scientific evidence and prejudication of the effectiveness of the measures;

(iii) Financial risk assessment should be carried out with an actuarial analysis of the inputs and expected benefits of public financial funds, the duration of benefits, the financial sustainability and the Government's debt risk, identifying the extent of risk and making relevant observations and recommendations.

Article 20 should make the results of risk assessment an important basis for decision-making.

In accordance with the risk assessment report, decision-making has a greater or significant risk and should be determined after effective preventive responses, adjustments in decision-making and risk reduction.

Chapter VI Review of legality

Article 21

The following materials should be made available in conjunction with Article 22 of the Convention:

(i) Draft decisions and statements;

(ii) Legal, legislative and policy basis relating to decision-making;

(iii) Statistics, survey analysis and feasibility studies relating to decision-making;

(iv) Reports relating to decision-making;

(v) Other material required when the review of legality is conducted.

Risk assessment reports should be submitted.

Article 23: The Office of the Rule of Law of the Municipal Government shall review the legality of the following matters and make a valid review of the opinion:

(i) The decision-making is in accordance with the legislative authority of the municipality;

(ii) Whether the decision-making process is in compliance with this provision;

(iii) The legal nature of the draft decision-making and the suitability of administrative measures that directly affect the rights and interests of citizens, legal persons and other organizations.

The discussion of the municipal government shall not be submitted without review of legality or review.

Chapter VII

Article 24

Article 25 is included in the Standing Committee of the Municipal Government or in plenary discussions on the decision-making process, and the decision-making offices should provide the Executive Office of the Municipal Government with the following materials:

(i) Draft decisions and statements;

(ii) A summary of feedback and a description of the situation;

(iii) Legal review of the opinion;

(iv) Other materials that need to be delivered.

Risk assessment reports should be submitted.

Article 26 The municipality shall adopt decisions, adopt principles, conduct pilot trials, modify or decide upon them.

The Executive Office of the Municipal Government, in the event of a record of the views, discussions and decisions of the Conference's constituents, formed a summary of the proceedings.

Decision-making adopted by the municipality requires approval by the Municipal Council, the executive branch at the senior level or to be brought to the Assembly and its Standing Committee for its consideration by the Committee.

Following the decision-making process, the Executive Office of the Municipal Government should publish the results of the decision-making process in a timely manner through, inter alia, Government websites, the media.

Implementation and oversight of decision-making

Article 29 Governments of all sectors and districts of the city, and counties (markets) should fully, in accordance with their respective responsibilities, implement decision-making in a timely and right manner without denying implementation, non-implementation, transgender implementation, and delay in implementation.

In the course of the implementation of the Government's departments and districts, districts and counties (markets), it was observed that the objective conditions underlying the decision-making were changed or were not met for the sole purpose of decision-making because of force majeure, and that recommendations on cessation, suspension or revision of decision-making should be made promptly to the municipality.

Article 31 provides for significant changes in the legal, regulatory, policy and other objective circumstances on the basis of decision-making, or a strong and greater opinion on the implementation of decision-making in all aspects of society, as well as the completion of the pilot period of decision-making, which shall assess the effectiveness of decision-making and may also entrust professional institutions with qualifications to undertake third-party assessments and submit assessment reports as an important basis for adjustments, refinement or discontinuation of implementation of decision-making.

Article 32 states that the municipal authorities shall take effective measures to avoid or reduce losses by halting the implementation, suspension or amendment of decision-making decisions.

Article 33 establishes a system of accountability for life and accountability mechanisms. In violation of this provision, there has been a serious error in decision-making or the need for timely decision-making by law, but long delays have a significant loss, adverse impact, and decision-making cannot be comprehensive, timely and correct, and the responsibility of the executive inspector to hold the responsible leadership and other direct responsibilities in accordance with the relevant laws, regulations and regulations.

Chapter IX

Article 34, District, district (market) government decision-making procedures may be implemented in the light of this provision.

Article 33 XV provides for implementation effective 1 May 2016.