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 provisions

First in order to regulate the major administrative decisions, improve the decision-making mechanism by law, improve decision making, of Liaoning province, according to the major administrative decision-making procedures, combined with the city's actual, these provisions are formulated.

Article made by the municipal government, 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.

Emergency administration, need to take an immediate decision, in accordance with relevant laws, regulations and rules shall apply.

Internal management of Government Affairs and make decisions according to law shall be kept confidential, these rules do not apply.

Third major administrative decisions (hereinafter the decision), including the following:

(A) preparation of national economic and social development planning, preparing or adjusting urban and rural overall planning, land use planning and exploitation of other natural resources such as master planning, preparation or adjustment important for regional planning and a variety of special programming;

(B) involve significant financial arrangements relating to human security, the Government financed the debt arrangement, have a significant impact on the national economy in the region's State-owned asset disposal;

(C) develop, adjust income distribution, social security, health care, education, housing, employment, public utility charges and the price of public services related to people's livelihood, such as major reform programme and policy measures;

(D) Organization of major public infrastructure construction in the region;

(E) to regional economic and social development with the overall and long-term effects, and covers a wide range of society, and the citizens, legal persons and other organizations is closely related to other matters of interest.

Fourth Municipal Government is responsible for the implementation of decisions of the Office of program integration and coordination and information disclosure.

Municipal Government departments, within the scope of their rights and responsibilities commitment to honour the decision of procedural obligations, the undertaking.

Legislative Affairs Office of the Municipal Government is responsible for the legal review of the decision.

Administrative supervisory organs, are responsible for the decision implementation monitoring.

Chapter II decisions starting

Fifth Mayor can directly decide to start the decision-making process.

Decision recommendations of the Deputy Mayor, reported to the Mayor agreed to start the decision-making process.

Decision recommendations of the departments of the municipal government, in charge of the audit and report to the Mayor, Vice Mayor agreed to start the decision-making process.

NPC deputies and CPPCC National Committee members by recommendation (motion), the proposal put forward by way of decision proposals, discussed relevant work by the municipal government departments, and the need to make decisions, after they have been in charge of the audit and report to the Mayor, Vice Mayor agreed to start the decision-making process.

Decided to start the decision-making process of the sixth article, the mayor or the departments in charge of the Deputy Mayor shall determine the specific work (hereinafter referred to as the undertaking units), to undertake the research and drafting of draft decisions.

Seventh unit of the undertaking should be written on the draft decision to seek municipal government departments or district or County (City) Government's views.

To be not to adopt the functional departments and district and County (City) feedback from Governments, the undertaking shall consult with the comments; still fail to reach a consensus through consultation, the undertaking should be devoted in the consultation report.



Chapter III public participation

Eighth unit of the undertaking shall, in accordance with decisions impact on the public of the scope and extent of, and take the form of consultations and dialogues, seminars, public hearings and so on and listened to the rationalization of public opinions and suggestions.

Nineth decision-making through Government Web sites, the media and other means of publicity, the public notice period normally not less than 10 working days.

The tenth involving significant public interests, or the interests of citizens, legal persons and other organizations, in public comments to the community at the same time, can also entrust the social organizations, professional bodies and other third party opinion polls.

11th the undertaking unit forming decision advice should adopt reports and feedback through the appropriate form.

The results of public participation as one of the important basis for government decisions, rational comments by the public should be adopted.



The fourth chapter demonstration

12th decision involves issues relating to professional, technical, scientificity and feasibility requires further study, the undertaking shall organize relevant experts or professional bodies in the field of, take feasibility study meeting, thematic consultation in writing or to delegate demonstration carried out by way of demonstration, and adopt the reasonable advice and recommendations. 13th decision of the municipal government information databases, storage expert's main role is to consult on municipal decision-making argument.

Experts carry out dynamic management system and related interests.

14th undertaking units should organize experts to decisions of necessity and feasibility, economic and social benefits and protection of the environment, residents ' health and safety, social stability and other aspects of the impact of research and demonstration.

15th decision experts work in accordance with the following procedures:

(A) the undertaking from the Gallery of experts selection Advisory demonstration expert;

(B) the undertaking units according to the decision of the nature, contents, complexity, time requirements, the actual situation, sufficient study time given to the experts and provides the information required to demonstrate;

(C) participation in decision-making after experts on the decisions related to the study of the argument, it shall issue a written argument.

16th experts participating in the decision demonstrates, have access to relevant archives, to attend relevant conferences, participate in related research activities, right, signed the proposed demonstration is responsible for, and assume the obligation of confidentiality. 17th experts participating in the decision demonstrates the General not less than 3 persons.

Involved in a wide range of aspects, controversial or particularly complex and sensitive decisions, experts participating in the decision demonstrated can be appropriately increased.



The fifth chapter risk assessment

18th decisions could have on social stability, significant ecological impact or lead to greater financial risk, undertaking risk assessment should be carried out, or entrust a qualified professional third-party assessment of the condition, the risk assessment report.

19th risk assessment should be carried out in accordance with the following provisions:

(A) carry out risk assessment for social stability, the decision could lead to social conflicts and disputes should be, group events, public safety and enterprise, the residents ' tolerance for troubleshooting and other destabilizing factors, determine the degree of risk, and to prevent risks, enhance the controllability of recommendations;

(B) ecological risk assessment, determining environmental impacts and propose effective measures to prevent or mitigate adverse environmental impacts, and the implementation of scientific reasoning and predicting the effects of the measures;

(C) assessment of financial risk, public funding should be invested and the expected benefits, income deadline, fiscal sustainability and government debt risk and actuarial analysis, determine the degree of risk, related to observations and recommendations made.

The 20th article should be an important basis for risk assessment as a decision of the municipal government.

According to the risk assessment report, decision implementation large or significant risk and should take effective preventive measures, adjusting the decision-making and reduce risk and decision making.



The sixth chapter review of legality

21st Affairs Office of the municipal government in accordance with the decision of the Municipal Government to conduct review of legality, the undertaking shall cooperate with the review of legality.

22nd decision undertaken by the legal office to submit draft decisions, should provide the following materials:

(A) draft decisions and instructions;

(B) decisions relating to the laws, regulations and policies;

(C) decision making, such as statistical data, analysis and feasibility studies;

(D) report and the decision concerning the request for comments;

(E) legal review required of other materials.

Carry out risk assessments, risk assessment reports shall be submitted.

23rd Legislative Affairs Office of the Municipal Government should be carried out on the following legal review, issue a legal review submissions:

(A) the policy is consistent with the Government's statutory mandate;

(B) the decision-making procedures in accordance with these provisions;

(C) the legality of the content of the draft decision relating to the civil, legal and administrative measures will directly affect the interests of other organizations is appropriate.

Without the review or the review of legitimacy not legal, shall not be submitted to the meeting of the municipal government.



The seventh chapter decided collectively

24th city collective decision by the Standing Committee of the municipal government or the plenary for discussion and decision.

25th article in Government Executive or plenary meeting decision, the undertaking should provide the following materials to the Office of the municipal government:

(A) draft decisions and instructions;

(B) public participation summary and feedback information note;

(C) legal review submissions;

(D) other relevant material submitted.

Carry out risk assessments, risk assessment reports shall be submitted.

Article 26th City Government decision should be made by, approved in principle, to carry out a pilot trial revisited, revised, or fail decision.

Municipality of record in the Office of members of the Conference, meetings, discussions and decisions, the formation meeting minutes.

Decision adopted at the 27th Government, need to report it to the municipal party Committee and the higher administrative authority approval or attention of the municipal people's Congress and its Standing Committee consideration of the decision, shall be reported in accordance with the procedures considered decisions.

28th after the decision, the Municipal Government shall, without delay, through the Office of Government Web sites, the media and other means, to the public result.



Eighth chapter, policy implementation and monitoring

29th city government departments and district and County (City) Government shall, in accordance with their respective responsibilities, comprehensive, timely and correct implementation of decisions shall not refuse to execute, not full implementation, implementation in disguise, shifted their execution, delayed execution.

30th city government departments and district and County (City) in the implementation process, found that decision-making depends on the objective conditions change or due to force majeure reasons for decision in whole or in part cannot be achieved, shall be promptly submitted to the Municipal Government suspended, suspended or amended decision proposal.

31st article decision by according to of legal, and regulations, and policy and other objective situation occurred major changes, or social parties face decision of implementation response strongly and proposed more views, and decision pilot pilot term expires of, decision hosted units should on decision implementation effect for assessment, also can delegate has qualification conditions of professional institutions for third party assessment, and proposed assessment report, as adjustment, and perfect or stop implementation decision of important according to.

Articles 32nd to stop execution of the municipal government, suspended or amended decision decision, government departments and district and County (City) Governments should take effective measures to avoid or minimize the loss. Article 33rd decision mechanism of accountability and responsibility to check for life.

In violation of this provision leads to serious errors according to the decision without delay, make decisions but protracted caused heavy losses, bad influence, and the decision cannot be comprehensive, timely and correct implementation of and monitored by the administrative authorities in accordance with the relevant laws and regulations, strict accountability for personnel and other persons responsible for leadership responsibilities.

The Nineth chapter supplementary articles

34th district and County (City) Government decision-making procedures, refer to this regulation. 35th article of the regulations come into force on May 1, 2016.